The Carriage of Explosives Regulations (Northern Ireland) 2010

Made: 2nd March 2010

To be laid before Parliament

Coming into operation: 9th April 2010

In accordance with Article 46(1)(c) of that Order he has consulted with the Health and Safety Executive for Northern Ireland and such other bodies as appeared to him to be appropriate.

PART 1 — INTRODUCTORY PROVISIONS

Citation and commencement

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These Regulations may be cited as the Carriage of Explosives Regulations (Northern Ireland) 2010 and come into operation on 9 April 2010.

Interpretation - General

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• (1) The provisions of this regulation apply for the purposes of interpreting these Regulations.

• (2) In these Regulations, any reference to a “Part”, “Chapter”, “Section” or “Sub-section” shall be construed—

• (a) in relation to the carriage of goods by road, as a reference to that Part, Chapter, Section or Sub-section of ADR;

• (b) in relation to the carriage of goods by rail, as a reference to that Part, Chapter, Section or Sub-section of RID; and

• (c) in relation to the carriage of goods by inland waterway, as a reference to that Part, Chapter, Section or Sub-section of ADN.

• (3) Where an expression is defined in ADR, RID or ADN and is not defined in these Regulations, it has the meaning as defined in—

• (a) ADR in relation to carriage by road;

• (b) RID in relation to carriage by rail; and

• (c) ADN in relation to carriage by inland waterway.

• (4) Where an expression is defined in the Transportable Pressure Equipment Directive and is not defined in these Regulations, it has the same meaning as in that Directive.

• (5) The expressions mentioned in column 1 of the Table have the meanings given in column 2.

Column 1	Column 2
“the 2006 Regulations (1)”	The Carriage of Explosives Regulations (Northern Ireland) 2006 [^f00004].
“the 2006 Regulations (2)”	The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 [^f00005]
“the 2010 Regulations (1)”	The Carriage of Explosives Regulations (Northern Ireland) 2010.
“the 2010 Regulations (2)”	The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010.
“ADN”	The Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway [^f00006], as revised or reissued from time to time.
“ADR”	Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road[^f00007], as revised or reissued from time to time.But—to the extent that a reference in these Regulations to ADR is a reference to ADR as it applied for the purposes of the 2006 Regulations (1), it has the same meaning as in regulation 2 of those Regulations; andin regulation 14(6)(b) it means Annexes A and B as in force on the date in question.
“the Annexes”	Subject to paragraphs (6) and (7), Annexes I and II to the Dangerous Goods Directive.
“armed forces”	Means—one of Her Majesty’s Forces within the meaning of the Armed Forces Act 2006[^f00008];the Ministry of Defence Police[^f00009];a visiting force within the meaning of Part 1 of the Visiting Forces Act 1952[^f00010]; ora headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964[^f00011].
. . .	. . .
“COTIF”	The Convention concerning International Carriage by Rail[^f00012], as revised or reissued from time to time.
“the Dangerous Goods Directive”	Subject to paragraphs (6) and (7), Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods[^f00013], as it had effect immediately before IP completion day.
“fire and rescue authority”	The fire and rescue authority for Northern Ireland established under the Fire and Rescue Services (Northern Ireland) Order 2006 [^f00014]
“the Northern Ireland competent authority”	The competent authority in Northern Ireland for the purposes of these Regulations as determined under regulation 17.But a reference to “2006 Northern Ireland Competent Authority” is a reference to the competent authority in Northern Ireland for the purposes of the 2006 Regulations (1).
“national carriage”	Carriage that includes carriage in Northern Ireland and does not include carriage outside the United Kingdom.
“RID”	The Annex to the Regulation concerning the international carriage of dangerous goods by rail which forms Appendix C to COTIF[^f00015], as revised or reissued from time to time.But—to the extent that a reference in these Regulations to RID is a reference to RID as it applied for the purposes of the 2006 Regulations (1), it has the same meaning as in regulation 2 of those Regulations; andin regulation 14(6)(b) it means the Annex as in force on the date in question.
“the security provisions”	The prohibitions and requirements of Chapter 1.10 (including those requirements deemed to be part of ADR in consequence of regulations 8 and 9.)
“the Transportable Pressure Equipment Directive ”	Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC, and 1999/36/EC.
“vehicle”	Has the meaning given in article 2 of the Dangerous Goods Directive except that the words “at least four wheels and” shall be omitted.
“wagon”	Has the meaning given in article 2 of the Dangerous Goods Directive.

• (6) References to—

• (a) “the Annexes”; and

• (b) “the Dangerous Goods Directive”,

are subject to the modifications identified in paragraph (7).

• (7) to the Dangerous Goods Directive are to be read as if “as applicable with effect from 1 January 2019,” had been omitted.

• (a) Section I.1 of Annex I; and

• (b) Section II.1 of Annex II—

Interpretation of ADR, RID and ADN for the purposes of these Regulations

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For the purposes of these Regulations—

• (a) the scope of ADR, RID and ADN shall be deemed to include national as well as international carriage;

• (b) a member State of the EU which is not a Contracting Party to ADR or ADN shall be deemed to be a Contracting Party to ADR or ADN (as the case may be);

• (c) a member State of the EU which is not a member State of COTIF shall be deemed to be a member State of COTIF;

• (d) a reference in—

• (i) ADR or RID to “competent military authority”;

• (ii) ADR or ADN to “Contracting Party”; and

• (iii) RID to “member State”,

shall be treated as a reference to “competent authority” unless the context requires otherwise;

• (e) Sub-section 1.1.4.4 of RID shall apply as if the words “or the provisions of the Carriage of Explosives Regulations (Northern Ireland) 2010 in so far as they relate to carriage by road” were included after the words “provisions of ADR”;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) the words “The competent authorities of the Contracting Parties may provide that” are omitted from Sub-section 1.8.3.2 of ADR;

• (h) the words “The competent authorities of the member States may provide that” are omitted from Sub-section 1.8.3.2 of RID;

• (i) the reference in Sub-section 1.8.3.3 to “national authorities” shall be treated as a reference to “the Nothern Ireland competent authority or an enforcement authority”; ...

• (j) Sub-section 5.3.4 of RID is omitted

• (k) Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of ADR apply as if the words “by the competent authority of a “Contracting Party” were included after the word “assigned”; and

• (l) Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of RID apply as if the words “by the competent authority of a member State of COTIF” were included after the word “assigned”.

Application

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• (1) These Regulations apply in relation to the carriage of dangerous goods by road and by rail.

• (2) These Regulations apply in relation to the carriage of dangerous goods by inland waterway but only to the extent that they apply Sub-sections 1.8.3.7 to 1.8.3.16 (which relate to the training and examination system for safety advisers and the connected issue and renewal of vocational training certificates).

• (3) The dangerous goods to which these Regulations apply are those to which the Explosives Acts (Northern Ireland) 1875 to 1970[^f00017]... or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006[^f00019] apply and any tier 1 substance or tier 2 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014.

PART 2 — PROHIBITIONS AND REQUIREMENTS

Carriage to be in accordance with ADR or RID

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A person shall not carry dangerous goods, or cause or permit dangerous goods to be carried, where that carriage is prohibited by ADR or RID, including where that carriage does not comply with any applicable requirement of ADR or RID.

Classification of Goods

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alternative placarding requirements to apply to certain national carriage

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• (1) This regulation applies in relation to national carriage—

• (a) in a tank;

• (b) in bulk; or

• (c) in relation to carriage by rail, by piggyback transport,

where that carriage is by a United Kingdom vehicle or a United Kingdom wagon.

• (2) But this regulation does not apply in relation to carriage of any dangerous goods by a vehicle or wagon which belongs to or is the responsibility of one of the armed forces.

• (3) For the purposes of regulation 5, the requirements of—

• (a) Part 1 of Schedule 1 in respect of carriage by road; and

• (b) Part 2 of Schedule 1 in respect of carriage by rail,

shall be deemed to be requirements of Section 5.3.2 and any conflicting requirements in ADR or RID shall be disregarded.

• (4) In this regulation—

• (a) a “United Kingdom vehicle” means a vehicle registered by the Secretary of State in accordance with section 21(1) of the Vehicle Excise and Registration Act 1994[^f00020] or a trailer being towed by such a vehicle; and

• (b) a “United Kingdom wagon” means a wagon used only for carriage within the United Kingdom.

• (5) In Schedule 1 “emergency action code” is a reference to the emergency action code for the dangerous goods in question as listed in the Dangerous Goods Emergency Action Code List[^f00021], as revised or reissued from time to time.

Additional security requirements for carriage by road

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• (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) 1995[^f00022];

• (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) 1983[^f00023].

Additional security requirement relating to access

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• (1) For the purposes of regulation 5, the requirement set out in paragraph (2) shall be deemed to be a requirement of Chapter 1.10.

• (2) A person involved in the carriage of dangerous goods shall take all reasonable steps to ensure that unauthorised access to those goods is prevented.

Application of ADR to carriage by private individuals

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• (1) This regulation applies in relation to the carriage of class 1 goods by road.

• (2) For the purposes of regulation 5, the exemption from the prohibitions and requirements of ADR provided for by Sub-section 1.1.3.1(a) of ADR (carriage by private individuals) is to be disregarded.

• (3) But paragraph (2) does not apply if the conditions specified in paragraphs (4) and (5) are satisfied.

• (4) The net mass of explosive substance being carried does not exceed—

• (a) in the case of fireworks, 50 kilograms; and

• (b) in the case of other explosives or a combination of fireworks and other explosives, 30 kilograms.

• (5) The individual has taken all reasonable steps to ensure that—

• (a) the manner in which the class 1 goods are loaded, stowed, carried or unloaded will not create a significant risk or significantly increase any existing risk to the health or safety of any person; and

• (b) there is no unauthorised access to the class 1 goods.

Application of ADR to carriage by certain enterprises

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• (1) This regulation applies in relation to the carriage of class 1 goods by road.

• (2) For the purposes of regulation 5, the requirements referred to in paragraph (3) apply to carriage that would, but for this paragraph, be exempt from those requirements because of the exemption set out in Sub-section 1.1.3.1(c) of ADR (carriage by enterprises which is ancillary to their main activity).

• (3) The requirements are—

• (a) the requirements of ADR in—

• (i) Section 7.5;

• (ii) Section 8.3.5; and

• (iii) special provisions S1:(3) and S1:(6) of Chapter 8.5; and

• (b) the requirements deemed to be part of ADR in consequence of regulations 8 and 9.

PART 3 — EXEMPTIONS

Derogations and transitional provisions

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• (1) The Secretary of State may exempt the carriage of dangerous goods from requirements and prohibitions arising under Part 2 of these Regulations.

• (2) But paragraph (1) only applies for the purposes of—

• (a) implementing a derogation authorised under article 6(2) to (4) of and listed in—

• (i) section I.3 of Annex I, or

• (ii) section II.3 of Annex II

to the Dangerous Goods Directive that had effect immediately before IP completion day, subject to the modifications in paragraph (3); or

• (b) maintaining a transitional provision permitted by article 7 of and listed in—

• (i) section I.2 of Annex I, or

• (ii) section II.2 of Annex II

to the Dangerous Goods Directive, subject to the modifications in paragraph (3); or

• (c) ensuring that carriage to which these Regulations apply but to which the Dangerous Goods Directive, ADR or RID does not apply, is carried out in a manner consistent with a derogation or transitional provision referred to at sub-paragraph (a) or (b).

• (3) The modification referred to in paragraphs (2)(a) and (b) apply to the identified sections of those Annexes to the Dangerous Goods Directive, and are that any reference to a member State is to be read as a reference to—

• (a) the UK, or

• (b) a member State of the EU.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The Secretary of State shall not bring to an end, or substantially alter, an exemption unless those who might be affected have been consulted.