S.I. No. 347/1953:

MERCHANT SHIPPING (DANGEROUS GOODS) RULES, 1953.

MERCHANT SHIPPING (DANGEROUS GOODS) RULES, 1953.

I, SEÁN F. LEMASS, Minister for Industry and Commerce in exercise of the powers conferred upon me by Section 38 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952), hereby make the following Rules :--

1. These Rules may be cited as the Merchant Shipping (Dangerous Goods) Rules, 1953.

2. In these Rules--

" explosive " has the same meaning as in the Explosives Act 1875 ;

" the Minister " means the Minister for Industry and Commerce ;

" limited quantities " in relation to laboratory chemicals or medicinal preparations means quantities not exceeding the maximum quantities specified for those chemicals or preparations in scales for the time being approved by the Minister ;

" steamer " includes a ship propelled by electricity or other mechanical power ;

3.--(1) Rules 6 to 12 of these Rules apply to--

(a) ships registered in the State ;

(b) other ships while they are loading cargo within any port in the State or within the territorial waters of the State.

(2) Rule 13 of these Rules applies to all ships to which Rules 6 to 12 do not apply as aforesaid while they are within any port in the State or are embarking or disembarking passengers within the territorial waters of the State or are loading or discharging cargo or fuel within these waters.

4. For the purposes of these Rules, the following shall not be included in the expression " dangerous goods " :--

(a) goods forming part of the equipment of stores of the ship in which they are carried ;

(b) goods which neither the owner of the ship nor any of his servants or agents knew or ought to have known, or had reasonable grounds for suspecting to be dangerous goods.

5. These Rules shall come into operation on the 19th day of November, 1953.

6.--(1) It shall be unlawful for dangerous goods to be taken on board any ship to which this Rule applies for carriage in that ship unless the shipper of the goods has furnished the owner or master of the ship with a statement in writing of the identity of the goods and of the nature of the danger to which the goods give rise, indicating to which of the following categories the goods belong :--

(i) Explosives ;

(ii) Compressed, liquefied and dissolved gases ;

(iii) Corrosives ;

(iv) Poisons ;

(v) Substances giving off inflammable vapours ;

(vi) Substances which become dangerous by interaction with water or air ;

(vii) Strong oxidising agents ;

(viii) Substances which are liable to spontaneous combustion ;

(ix) Laboratory chemicals and medicinal preparations in limited quantities ;

(x) Other dangerous goods.

(2) The Master of the ship shall cause a list to be carried in the ship setting forth, in accordance with the information furnished under paragraph (1) of this Rule, the dangerous goods carried in the ship on the voyage in which she is currently engaged.

7.--(1) It shall be unlawful for dangerous goods, being goods contained in a vehicle, receptacle or package, to be taken on board a ship to which this Rule applies for carriage in that ship unless the vehicle, receptacle or package in which the goods are contained is clearly marked with a distinctive label or stencil purporting to indicate the nature of the danger to which the goods give rise and if the goods are taken on board the ship at any port in the State or within the territorial waters of the State a label or stencil purporting to indicate the identity of the goods.

(2) Where goods are taken on board a ship together with the vehicle in which they are contained, or where goods are taken on board a ship together with the receptacle in which they are contained, being a receptacle which is an additional body for a vehicle and is constructed or adapted for the purpose of being taken on or off the vehicle with goods contained therein, nothing in paragraph (1) of this Rule shall be taken to require any such receptacle or any package in which the goods in the vehicle may be contained, or, as the case may be, any package in which the goods in the receptacle may be contained, to be also marked.

8.--(1) It shall be unlawful for dangerous goods, being goods which are not loaded in bulk, to be taken on board any ship to which this Rule applies for carriage in that ship if the owner of the ship or any of his servants or agents knows or ought to know that the goods are not packed in a manner adequate to withstand the ordinary risks of handling and transport by sea having regard to their nature.

(2) In any proceedings against an owner or master in respect of a failure to comply with the provisions of paragraph (1) of this Rule, it shall be a good defence to prove that before the goods were taken on board the ship

(a) the owner or master was furnished with a statement in writing by the shipper to the effect that the goods were packed in accordance with the requirements of this paragraph, and

(b) neither the owner nor any of his servants or agents knew that the goods were not so packed.

(3) It shall be unlawful for dangerous goods to be loaded in bulk into any ship to which this Rule applies for carriage in that ship if the owner of the ship or any of his servants or agents knows or ought to know that the goods cannot safely be carried in bulk to the destination to which they are consigned.

9. Dangerous goods and any vehicle, receptacle or package containing dangerous goods, taken on board any ship to which this Rule applies for carriage in that ship shall be stowed in the ship, and shall be kept so stowed, in a manner which is a safe and proper manner of stowage for the goods, or, as the case may be, for the vehicle, receptacle or package having regard to the identity and dangerous nature indicated by the markings referred to in Rule 7 of these Rules.

10.--(1) It shall be unlawful for any explosives to be taken on board any ship to which this Rule applies being a passenger steamer, for carriage in that ship, except

(a) any explosive set forth in the First Schedule to these Rules ;

(b) any explosives the total weight of which does not exceed 20 lb., including their immediate casing or packing ;

(c) any distress signal rockets for use in ships or aircraft, if the total weight of such rockets does not exceed 1 ton ;

(d) any shop fireworks.

(2) Any distress signal rockets or shop fireworks carried in a passenger steamer to which this Rule applies shall be stowed under the supervision of a person appointed for that purpose by the master of the ship in writing signed by him.

(3) It shall be unlawful for any dangerous goods set forth in the Second Schedule to these Rules (other than laboratory chemicals and medicinal preparations in limited quantities) to be taken on board any ship to which this Rule applies, being a passenger steamer, for carriage in that ship.

(4) Nothing in paragraph (3) of this Rule shall prohibit the taking of dangerous goods on board a passenger steamer in respect of which there is in force a certificate issued by the Minister, or by any authority empowered in that behalf by the laws of any country other than the State to the effect that the steamer is fit to carry a number of passengers not exceeding 25 or a number equal to one tenth of the length of the ship in feet, whichever shall be the greater.

11. It shall be unlawful for liquids which the owner of the ship or any of his servants or agents knows or ought to know to be inflammable to be taken on board any ship to which this Rule applies for carriage in that ship as cargo unless ventilation adequate in the circumstances is provided for the spaces in which the liquids are to be carried.

12. It shall be unlawful for substances which the owner of the ship or any of his servants or agents knows or ought to know to be liable to spontaneous combustion to be taken on board any ship to which this Rule applies for carriage in that ship as cargo unless precautions proper in the circumstances are taken for the prevention of the spontaneous combustion of such substances.

13.--(1) It shall be unlawful for dangerous goods to be carried in any ship to which this Rule applies unless--

(a) in the case of a Safety Convention ship, the goods are being carried in accordance with the law relating to the carriage of such goods of the country in which the ship is registered and all the provisions of that law in so far as the same are applicable have been complied with ; or

(b) in the case of any other ship, the provisions of these Rules which would have been required to have been complied with if the goods had been taken on board the ship in the State have been complied with.

(2) The Minister may exempt any ship from any of the requirements of these Rules which are required to have been complied with in the case of that ship by virtue of sub-paragraph (b) of paragraph (1) of this Rule, if he is satisfied that the requirements of the law relating to the carriage of dangerous goods of the country in which the ship is registered have been complied with and are not less effective than the said requirements of these Rules.

FIRST SCHEDULE.

EXPLOSIVES WHICH MAY BE TAKEN ON BOARD PASSENGER STEAMERS.

Ajax Percussion Caps.

Antifyre Percussion Caps.

Battery Pockets.

Bullseye Percussion Caps.

Cardox Heater D.

Cartridge for Martin Cutter.

Cartridges, bolt, cable cutting, linked, punch or rocket.

Cases, Cartridge, Capped.

Cases for Turbo-Starter Cartridges (Empty), Primed.

Cordtex.

Curtis's and Harvey's Safety Electric Fuzes.

Delay Fuze Assembly (10 Seconds).

Drogue Ejector Cartridges.

Eley Kynoch No. 91 Percussion Cap.

Eley Kynoch No. 1A Percussion Cap.

Excelsior Safety Electric Fuzes.

Ferrule Igniter for Safety Fuze.

Flame Detector Cord.

Fuzehead Assemblies.

Hydrox Igniter No. 1 Safety Electric Fuze.

Igniters for Grenades.

Kynoch Fog Signal Caps.

Kynoch No. 41 Percussion Cap.

Kynoch No. 70 Percussion Cap.

Kynoch No. 81 Percussion Cap.

Kynoch Rail Car Fog Signals.

M.O.C. Cartridges (Type 1).

M.O.C. Cartridges (Type 4).

M.O.C. Cartridges (Type 6).

Multiple Safety Fuze Igniters.

Nicorro Percussion Caps.

Nobel's Electric Delay Action Fuzes.

Nobel's Safety Electric Fuzes.

Nobel's Safety Electric Delay Fuzes.

Norres Patent Fuze Lighters.

Orion Patent Safety Electric Fuzes.

Percussion Caps, O. in C. No. 1.

Plastic Core Safety Fuze.

Push Mechanism Type 6.

Pull Mechanism Type 6.

Railway Fog Signals, O. in C. No. 1.

Release Mechanism Type 6.

Safety Cartridge Cases (Empty), Capped.

Safety Electric Primers.

Safety Firing Tubes, No. 1.

Safety Fuze, O. in C. No. 1.

Safety Fuze Lighters.

Safety Instantaneous Fuze.

Schermer Cattle Killer Cartridges.

Special Safety Fuze.

Thermal Gas Closing Cartridges.

Trip Fuzes.

Turbo-Starter Primers, Electrically Fired, 15 grain.

Tyre Sound Signals.

Venus Patent Safety Electric Fuzes.

Vulcan Patent Safety Electric Fuzes.

Vickers' Percussion Caps.

Vulcan Patent Electric Delay Action Fuzes.

Any safety cartridges not specified above.

SECOND SCHEDULE.

DANGEROUS GOODS WHICH MAY NOT BE TAKEN ON BOARD PASSENGER STEAMERS.

Category (ii)--Compressed, liquefied and dissolved gases.

Boron Trifluoride.

Carbon Monoxide.

Coal Gas.

Fluorine.

Hydrogen.

Ammonia Anhydrous, unless in cylinders.

Blau Gas.

Butadiene.

Chlorine.

Cyanogen.

Dimethyl Ether.

Dimethylamine.

Ethyl Chloride, unless in cylinders.

Ethylene.

Ethylene Oxide.

Ethylene Oxide/Carbon Dioxide Mixture.

Ethylene Oxide/Nitrogen Mixture.

Hydrogen Chloride.

Hydrogen Cyanide, Stabilised.

Hydrogen Fluoride.

Hydrogen Sulphide.

Methylamine.

Methyl Bromide.

Methyl Chloride, unless in cylinders.

Nitrogen Tetroxide.

Nitrosyl Chloride.

Oil Gas.

Phosgene.

Sulphur Dioxide, unless in cylinders or glass syphons.

Trimethylamine.

Acetylene.

Category (iii)--Corrosives.

Antimony Pentachloride, unless in containers of 2½ gallon capacity or under.

Antimony Trichloride, unless in containers of 2½ gallon capacity or under.

Benzoyl Chloride.

Chloroacetyl Chloride.

Chlorosulphonic Acid.

Diphenylmethyl Bromide.

Fluoboric Acid.

Fluosilicic Acid.

Hydriodic Acid.

Hydrobromic Acid.

Hydrochloric Acid.

Hydrofluoric Acid Solutions.

Mixed Acid.

Nitric Acid.

Perchloric Acid.

Phosphorus Pentachloride.

Phosphorus Tribromide.

Phosphorus Trichloride.

Phosphoryl Chloride.

Silicon Tetrachloride, unless in containers of 2½ gallon capacity or under.

Sludge or Spent Acid.

Stannic Chloride, Anhydrous.

Sulphur Chlorides.

Sulphuric Acid, specific gravity exceeding 1·405.

Sulphuric Acid, Fuming.

Sulphuryl Chloride.

Thionyl Chloride.

Titanium Tetrachloride.

Category (iv)--Poisons.

Bromine and Bromine Solutions.

Chloropicrin.

Hydrogen Cyanide.

Methyl Bromide.

Motor-Fuel Anti-Knock compounds, unless in containers of 5 pint capacity or under.

Tetraethyl Lead, unless in containers of 5 pint capacity or under.

Category (v)--Substances giving off inflammable vapours.

Benzyl Chloride.

Carbon Disulphide.

Enamels, lacquers, paints and varnishes, with a flash point below 73°F., unless in containers of 10 gallon capacity or under.

Di-ethyl-ether, unless in containers of 1 gallon capacity or under.

Ethyl Chloride.

Ethylene Oxide.

Nickel Carbonyl.

Other substances with a flash point below 73°F., unless in containers of 5 gallon capacity or under.

Category (vi)--Substances which become dangerous by interaction with water.

Aluminium Powder (unpolished), unless in glass or earthenware containers.

Aluminium Silicon, in powder form.

Barium Alloys, non pyrophoric.

Barium Metal.

Calcium Metal and Alloys, non-pyrophoric.

Calcium Carbide.

Calcium Phosphide or articles charged wholly or mainly with Calcium Phosphide.

Calcium Silicide.

Calcium Silicon.

Ferro-Silicon containing 15 per cent. to 80 per cent. Silicon, both figures inclusive.

Magnesium Alloy Powder, unless in glass or earthenware containers or in tins or cans.

Potassium Metal.

Sodium Metal.

Sodium Phosphide.

Strontium Alloys, non-pyrophoric, unless in glass or earthenware containers.

Zinc Phosphide.

Category vii)--Strong Ozidising Agents.

Potassium Bromate.

Sodium Bromate.

Ammonium Chlorate.

Barium Chlorate.

Potassium Chlorate.

Sodium Chlorate.

Strontium Chloride.

Zinc Chlorate.

Chloric Acid.

Calcium Chlorite.

Sodium Chlorite

Guanidine Nitrate.

Ammonium Perchlorate.

Barium Perchlorate.

Calcium Perchlorate.

Lead Perchlorate.

Magnesium Perchlorate.

Potassium Perchlorate.

Sodium Perchlorate.

Ammonium Permanganate.

Hydrogen Peroxide Solutions greater than 6 per cent. strength.

Category (viii)--Substances which are liable to spontaneous combustion.

Cotton, wet.

Diethyl Zinc.

Di-methyl-p-nitrosoaniline.

Fibres, burnt, wet or damp.

Fishmeal or fish scrap, unless in sealed metal containers.

Iron Oxide, spent.

Linoleates, resinates and other driers in solid form.

Phosphorus, white or yellow.

Category (ix)--Other Dangerous Goods.

Ammonium Picrate, wet.

Benzoyl Peroxide.

Celluloid in the form of scrap, dust, shavings, pieces or stripped film.

Di-nitro-ortho-cresol, wet or fused solid.

Di-nitro-phenol, wet.

Dinitrophenolates.

Di-nitro-resorcinol, wet.

Hessian bags, used (unless continuously used for inert material).

Lacquer base and chips with nitrocellulose base.

Nitrocellulose, wet.

Picric Acid, wet.

Sodium di-nitro-ortho-cresolate, wet.

Sulphur (Lump, roll or stick), unless in glass or earthenware containers, or in drums, casks, cases or double hessian bags.

Sulphur (powder), unless in glass or earthenware containers, or in drums, casks or cases.

Zirconium Metal.

GIVEN under my Official Seal, this 12th day of November, 1953.

SEÁN F. LEMASS,

Minister for Industry and Commerce.