The Carriage of Explosives by Road Regulations 1996

Paragraph 8(a) shall not apply to any danger or subsidiary hazard sign displayed on a vehicle or container in circumstances where some of the explosives in respect of which the signs were displayed have been unloaded and the only remaining explosives being carried are of any of the types and quantities specified in the sub-paragraphs of paragraphs 15 or 16.

18

While the vehicle is being loaded or unloaded—

• (a) paragraph 1(b) and (c) shall not apply;

• (b) paragraph 7 shall not apply to the orange-coloured panel at the rear of the vehicle.

19

Paragraph 1(a) shall not apply in relation to any trailer which is being used for the carriage of explosives where that trailer is detached from the motor vehicle.

SCHEDULE 6 — INFORMATION TO BE PROVIDED AND CARRIED

PART I

The information referred to in regulation 16(1) shall comprise—

• (a) in relation to each of the types of explosives being carried—

• (i) the designation,

• (ii) the classification,

• (iii) the UN Number, preceded by the letters “UN”,

• (iv) the total net mass in tonnes or kilograms of explosives carried, except that the gross mass (in tonnes or kilograms) may be stated instead if the consignor does not know or could not reasonably ascertain what the net mass is,

• (v) whether, in the case of explosives in Compatibility Group C, D or G, the explosives carried are explosive substances or explosive articles;

• (b) in relation to the consignment as a whole—

• (i) the number of packages consigned,

• (ii) the name and address of the consignor,

• (iii) the name and address of the consignee,

• (iv) such other information as will enable the operator to comply with regulation 17(1), and

• (v) a statement signed or authenticated by or on behalf of the consignor, (in these Regulations referred to as the “consignor’s declaration”) confirming that—

• (aa) the explosives as presented to the operator may be carried in conformity with these Regulations, and

• (bb) the labelling and packaging of the explosives as presented to the operator conform with the 1983 and 1991 Regulations.

PART II

1

The Transport Documentation concerning the explosives being carried shall comprise the following information—

• (a) the information specified in Part I of this Schedule;

• (b) the total number of packages;

• (c) the total net mass in tonnes or kilograms of each type of explosive carried, except that the gross mass (in tonnes or kilograms) may be stated instead if the operator does not know or could not reasonably ascertain what the net mass is;

• (d) the emergency information specified in paragraph 2;

• (e) the name and address of the operator of the vehicle.

2

The emergency information referred to in paragraph 1(d) shall comprise details of the measures to be taken by the driver in the event of an accident or emergency and other safety information concerning the explosives being carried and shall include details of—

• (a) the nature of the danger inherent in the explosives being carried and the safety measures to be taken to avert any such danger;

• (b) the action to be taken and treatment to be given in the event of any person coming into contact with the explosives being carried or with any substances which might be evolved;

• (c) the measures to be taken in case of fire and, in particular, the fire-fighting appliances or equipment which must not be used;

• (d) the measures to be taken in the case of breakage or deterioration of the packagings or of the explosives being carried, particularly where such breakage or deterioration results in a spillage of the explosives onto the road; and

• (e) the measures to be taken to avoid or minimise damage in the event of spillage of explosives which are pollutant to the aquatic environment.

SCHEDULE 7 — LOADING, STOWAGE, UNLOADING AND CLEANING OF VEHICLES AND CONTAINERS

1

The various components of a load comprising explosives shall be properly stowed and secured by appropriate means to prevent them from being significantly displaced in relation to each other and to the walls of the vehicle.

2

Where explosives have escaped from any package into a container or vehicle in which they are being carried, the container or vehicle concerned shall be cleaned as soon as possible and in any case before re-loading.

3

Before any explosives are loaded onto a vehicle or into a container, the surface upon which they are to be loaded shall be thoroughly cleaned.

4

Except where the engine has to be used to drive the pumps or other appliances for loading or unloading the vehicle, the vehicle’s engine shall be shut off during loading and unloading operations.

SCHEDULE 8 — PRECAUTIONS AGAINST FIRE OR EXPLOSION

1

Subject to paragraph 2, the operator of a vehicle which is being used for the carriage of explosives shall ensure that it is equipped with—

• (a) at least one portable fire extinguisher with a minimum capacity of 2 kilograms of dry powder, or other suitable extinguishant with an equivalent test fire rating of at least 5A and 34B, as defined in British Standard BSEN 3-1: 1996, suitable for fighting a fire in the engine or cab of the vehicle, and such that, if it is used to fight a fire involving the load, it does not aggravate the fire and, if possible, controls it; and

• (b) at least one portable fire extinguisher with a minimum capacity of 6 kilograms of dry powder, or other suitable extinguishant with an equivalent test fire rating of at least 21A and 183B, as defined in British Standard BSEN 3-1: 1996, suitable for fighting a tyre or brake fire or a fire involving the load, and such that, if it is used to fight a fire in the engine or cab of the vehicle, it does not aggravate the fire.

2

• (1) The fire extinguisher referred to in paragraph 1(a) need not be suitable for fighting a fire in the engine if the vehicle is equipped with a fixed fire extinguisher, suitable for fighting a fire in the engine, which either works automatically or is easily brought into action.

• (2) Where the vehicle is a motor vehicle with a permissible maximum weight of less than 3.5 tonnes, the fire extinguisher referred to in paragraph 1(b) may be replaced by a fire extinguisher with a minimum capacity of 2 kilograms of dry powder or other suitable extinguishant with an equivalent test fire rating of at least 5A and 34B as defined in British Standard BSEN 3-1: 1996.

3

Where a vehicle which is being used for the carriage of explosives comprises a trailer and the laden trailer is uncoupled and left on the road at a distance from the motor vehicle—

• (a) paragraph 1(a) shall not apply;

• (b) the operator, driver and any attendant of the said motor vehicle shall ensure that the trailer is equipped with at least one fire extinguisher conforming to the provisions of paragraph 1(b).

4

The operator shall ensure that the extinguishants contained in the fire extinguishers referred to in this Schedule are such that they are not liable to release toxic gases—

• (a) into the driver’s cab; or

• (b) when under the influence of the heat of a fire.

5

The operator shall ensure that any portable fire extinguisher provided in accordance with this Schedule—

• (a) bears a mark of compliance with a standard recognised by a competent authority for that type of extinguisher;

• (b) is fitted with a seal verifying that it has not been used; and

• (c) where it was manufactured after 31st December 1996, bears an inscription indicating the date when it should next be inspected.

6

The operator of the vehicle referred to in paragraph 5 shall ensure, prior to carriage, that the date inscribed on any portable fire extinguisher in accordance with sub-paragraph (c) of that paragraph has not passed.

7

The driver shall ensure that the fire extinguishers referred to in this Schedule are stowed in such a way as to be suitably protected and easily accessible.

SCHEDULE 9 — AMENDMENTS TO THE 1983 REGULATIONS

1

The 1983 Regulations shall be amended in accordance with the following paragraphs of this Schedule.

2

Regulation 6 shall be amended by—

• (a) the substitution in paragraph (3) of the words “, 1.5 or 1.6” for the words “or 1.5”;

• (b) the addition after paragraph (4) of the following paragraphs—

(5) A packaged article or substance or a combination thereof or an unpackaged article to which these Regulations apply, allocated on classification the United Nations Serial Number 0018, 0019, 0020, 0021, 0076, 0077, 0143, 0224 or 0301 shall bear a label in accordance with paragraph 16 of Schedule 3. (6) A packaged article or substance or a combination thereof or an unpackaged article to which these Regulations apply, allocated on classification the United Nations Serial Number 0015, 0016, 0018, 0019, 0113, 0301 or 0303 shall bear a label in accordance with paragraph 17 of Schedule 3.

3

Regulation 9 shall be amended by the substitution in paragraph (2) of the words “, (3), (5) or (6)” for “or (3)”.

4

After regulation 12 there shall be added the following regulation—

(12A) In any proceedings for an offence— (a) consisting of a contravention of regulation 3(2)(b), 6 or 9; and (b) which was committed on or after 1st January 1997 and before 1st January 1999, it shall be a defence for the accused to prove that— (c) the explosives were labelled on or before 31st December 1996 in accordance with these Regulations as in force on that date; (d) the labelling has not been altered or removed; (e) it has not at any time since 31st December 1996 been reasonably practicable to re-label the explosives; and (f) in the case of packaged explosives— (i) the explosives were packaged on or before 31st December 1996 in accordance with the Packaging of Explosives for Carriage Regulations 1991, (ii) the explosives have not been removed from their package since they were packaged, and (iii) it has not at any time since 31st December 1996 been reasonably practicable to repackage the explosives.

5

Schedule 1 shall be amended by the addition of the following Division and Division number after the entry for Division 1.5—

• “Extremely insensitive articles which do not have a mass explosion hazard.”. 1.6

6

Schedule 2 shall be amended by—

• (a) the addition of the following words at the end of the Compatibility Group entry for the Compatibility Group B—

• “Some articles, such as detonators for blasting, detonator assemblies for blasting and primers, cap-type, are included, even though they contain primary explosives.”;

• (b) the addition of the following Compatibility Group and Compatibility Group letter after the entry for Compatibility Group L—

• “Articles containing only extremely insensitive detonating substances.”. N

7

Schedule 3 shall be amended by—

• (a) the substitution of the words “, 1.5 or 1.6” for the words “ or 1.5” to the heading above paragraph 4;

• (b) the addition after paragraph 15 of the following paragraphs—

(16) The label required by regulation 6(5) shall— (a) be a square set with its sides at an angle 45° to the vertical; (b) be in the form of the following diagram; and (c) comply with the measurements in the diagram except that— (i) larger measurements may be used in which case the measurements shall be increased proportionally, or (ii) where, in order to comply with regulation 10(1), a smaller label is necessary, the dimensions may be decreased proportionally whilst remaining as large as is reasonably practicable for the purpose of such compliance. (17) The label required by Regulation 6(6) shall— (a) be a square set with its sides at an angle 45° to the vertical; (b) be in the form of the following diagram; and (c) comply with the measurements in the diagram except that— (i) larger measurements may be used in which case the measurements shall be increased proportionally, or (ii) where, in order to comply with regulation 10(1), a smaller label is necessary, the dimensions may be decreased proportionally whilst remaining as large as is reasonably practicable for the purpose of such compliance.

8

Schedule 4 shall be amended by the addition of the following before the entry for the explosive article allocated on classification the UN Number 0354—

Signed

Signed by authority of the Secretary of State

John Bowis — Parliamentary Under Secretary of State, — 8th August 1996

Explanatory note

(This note is not part of the Regulations)

1 These Regulations impose requirements and prohibitions with regard to the carriage of explosives by road. They implement Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p. 7) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road, insofar as the Directive Concerns explosives. This Directive seeks to apply the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended ( “ADR”)(Current edition (1995): ISBN 92 1 13904).

Part II: Mode of carriage 2 Regulations 7 to 9 impose prohibitions on the carriage of explosives including the carriage of unclassified explosives, carriage in vehicles used to carry passengers for hire or reward and the carriage of explosive substances in bulk. Regulation 10 places a duty on the operator to ensure that the vehicle or container is suitable for the safety and security of the explosives being carried. 3 Regulation 11 provides for the Health and Safety Executive to approve and publish a document called the “Approved Requirements for the Construction of Vehicles Intended for the Carriage of Explosives by Road”. This specifies the construction requirements to be satisfied by different types of vehicle. The type of vehicle in which explosives are to be carried is determined in accordance with regulations 12 and 13 and Schedule 3 depending on the type and quantity of explosives carried. Regulation 14 and Schedule 4 place restrictions on the carriage of mixed loads of different kinds of explosives and mixed loads of explosives with other dangerous goods.

Part III: Information 4 Regulation 15 and Schedule 5 make provision with regard to the displaying of information on vehicles and containers. Regulation 16 requires the consignor to provide the operator with the information set out in Part I of Schedule 6. Regulation 17 requires the operator to ensure that the driver or attendant has in their possession the Transport Documentation, which is set out in Part II of Schedule 6. Regulation 18 requires the driver and attendant to keep the Transport Documentation readily available throughout the carriage.

Part IV: Safety and security during carriage 5 Regulation 19 and Schedule 7 make provision with regard to the loading, stowage, unloading and cleaning of vehicles and containers. Regulation 20 requires the operator in certain circumstances to ensure that an attendant accompanies the driver and when the vehicle is parked and the driver not present, that a person competent to ensure the security of the explosives is in attendance. Regulation 21 imposes duties with regard to the route of carriage and parking and regulation 22 with regard to preventing accidents and unauthorised access to the explosives. 6 Regulation 23 prohibits smoking or the production of an open flame on the vehicle and near the vehicle during loading and unloading. Regulation 24 requires the operator to ensure that the vehicle is equipped to take the measures set out in the emergency information in the Transport Documentation. Regulation 25 prohibits activity which is liable to create or increase the risk of fire and imposes the duties set out in Schedule 8. Regulation 26 makes provision with regard to the notification of emergencies and the taking of precautions for safety and security purposes.

Part V: Miscellaneous & general 7 Regulation 27 makes provision with regard to the duration of carriage and the delivery of the explosives. Regulation 28 provides for a minimum age of 18 years for those engaged in the carriage of certain explosives. Regulation 29 enables the Health and Safety Executive to grant certificates of exemption from these Regulations. Regulation 30 provides for the enforcing authority for these Regulations to be the Health and Safety Executive. Regulation 31 provides for a defence to a contravention of these Regulations. Regulation 32 makes transitional provision. Regulation 33 and Schedule 9 make miscellaneous amendments, including amendments to the Classification and Labelling of Explosives Regulations 1983. 8 The current edition of the European Agreement Concerning the International Carriage of Dangerous Goods by Road and the current edition of the United Nations Recommendations on the Transport of Dangerous Goods [ISBN 0 11 551265 9] may be obtained from Her Majesty’s Stationery Office; the current edition of the International Maritime Dangerous Goods Code [vols I to IV ISBN 92 801 1243 0, vol V ISBN 92 801 1248 1] may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR; the current edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air [Doc 9284-AN/905 and supplement] may be obtained from the Civil Aviation Authority, Printing and Publishing Services, Greville House, 37 Gratton Road, Cheltenham, Gloucestershire, GL50 2BN; the British Standard BSEN 3-1: 1996 may be obtained from the British Standards Institution, British Standards House, 389 Chiswick High Road, London W4 4AL. 9 The Approved Explosive Vehicle Requirements may be obtained from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS; Dillons; Rymans the Stationer and other booksellers. A copy of the cost benefit assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Safety Policy Directorate, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.

Footnotes

[^f00001]: 1974 c. 37; section 1(1)(c) was modified by the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 1996 (S.I. 1996/2075); sections 15 and 50 were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6 and 16 respectively.

[^f00002]: S.I. 1983/1140.

[^f00003]: S.I. 1986/1078.

[^f00004]: S.I. 1989/615.

[^f00005]: S.I. 1991/2097.

[^f00006]: S.I. 1996/2092.

[^f00007]: Current edition 1995, ISBN 9211390435.

[^f00008]: S.I. 1996/2095.

[^f00009]: ISBN 0 7176 0772 0.

[^f00010]: MOD ESTC Leaflet Nos. 3 and 4, June 1996.

[^f00011]: 1947 10 10 F11 Geo 6 c.41.

[^f00012]: 1988 c. 52, section 66A was inserted by section 9(1) of the Road Traffic Act 1991 (c. 40) and amended by paragraph 11 of Schedule 7 to the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23).

[^f00013]: 1984 c. 54.

[^f00014]: Ninth Revised Edition (1995): ISBN 92 1 139048 6 X.

[^f00015]: 1994 c. 22.

[^f00016]: S.I. 1989/1796.

[^f00017]: 1958 c. 7.

[^f00018]: 1952 c. 67.

[^f00019]: 1964 c. 5.

[^f00020]: Cmnd 5397. ISBN 0 11 5506810.

[^f00021]: Volumes I to IV ISBN 92 801 1314 3: supplement ISBN 92 801 1316 X.

[^f00022]: Current edition and supplement (1995—1996) Doc 9284-AN/905.

[^f00023]: 1875 c. 17; the relevant amending instrument is S.I. 1974/1885.

[^f00024]: S.I. 1979/1378.

[^f00025]: S.I. 1987/37.

[^f00026]: S.I. 1989/1903.