S.I. No. 275/1986:

CONVEYANCE OF EXPLOSIVES (AMENDMENT) BYE-LAWS, 1986.

CONVEYANCE OF EXPLOSIVES (AMENDMENT) BYE-LAWS, 1986.

I, ALAN M. DUKES, Minister for Justice, in exercise of the powers conferred on me by sections 37 and 39 of the Explosives Act, 1875, as adapted, hereby make the following Bye-laws:--

1. (1) These Bye-laws may be cited as the Conveyance of Explosives (Amendment) Bye-laws, 1986.

(2) These Bye-laws shall come into operation on the 31st day of July, 1986.

(3) The Conveyance of Explosives Bye-laws, 1955 ( S.I. No. 38 of 1955 ), and these Bye-laws shall be construed together as one.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Bye-laws.

3. The Conveyance of Explosives Bye-laws, 1955 ( S.I. No. 38 of 1955 ), are hereby amended by the insertion in Bye-law 3 of the following definition after the definition of "the Minister"--

"outer overall package" has the meaning assigned to it by Rule 3 (amended by the Packing of Explosives for Conveyance (Amendment) Rules, 1986 ( S.I. No. 274 of 1986 )) of the Packing of Explosives for Conveyance Rules, 1955 ( S.I. No. 37 of 1955 ).

4. Notwithstanding the provisions of Bye-laws 8 and 9 of the Conveyance of Explosives Bye-laws, 1955, and subject to the provisions of Bye-law 5 of these Bye-laws, explosives which are included in--

(a) Class 1 Gunpowder,

(b) Class 2 Nitrate Mixture,

(c) Class 3 Nitro Compound,

and the following explosives of Class 6, Division 1 (safety fuse) and Class 6, Division 2 (instantaneous detonating fuse) may be conveyed by road in quantities not exceeding 16,000 Kilogrammes by--

(i) persons holding licences granted under the Explosives Act, 1875, in respect of explosives factories, or

(ii) persons holding licences granted under the Explosives Act, 1875, in respect of magazines, or

(iii) persons duly authorised to act on behalf of persons holding such licences between any of the following places--

(I) factories licensed under the Explosives Act, 1875,

(II) magazines licensed under the Explosives Act, 1875,

(III) ports in respect of which there are bye-laws under the Explosives Act, 1875, for the time being in operation,

(IV) premises under the control of the Department of Defence, and

(V) factories licensed under the Explosives Act, 1875 and the land frontier with Northern Ireland.

5. Where any explosives which are included in the categories of explosives set out in Bye-law 4 of these Bye-laws are conveyed by road in an outer overall package such explosives shall be conveyed in accordance with the provisions of the Schedule to these Bye-laws and for the avoidance of doubt such explosives shall be packed in accordance with the Packing of Explosives for Conveyance Rules, 1955 ( S.I. No. 37 of 1955 ).

6. These Bye-laws shall be observed with respect to the conveyance, loading or unloading of gunpowder and other explosives, elsewhere than in any harbour or any railway or canal with respect to which bye-laws regulating the conveyance, loading or unloading of explosives may be made under section 34 or 35 of the Act, or at any wharf or dock with respect to which bye-laws regulating the loading or unloading of explosives have been made under section 36 of the Act.

"SCHEDULE"

CONDITIONS UNDER WHICH EXPLOSIVES MAY BE CONVEYED BY ROAD.

1. In this Schedule--

'explosives' means explosives to which these Bye-laws apply;

'Fire Resistant' in relation to the cab back or screen of a goods vehicle or an outer overall package (excluding floor and internal lining) means that any materials used in their construction:

(a) shall have a surface spread of flame not inferior to that of Class 1 of Part 7 of British Standard 476, issued by British Standards Institution, and

(b) does not collapse or permit the penetration of flame for at least 15 minutes when tested in accordance with Part 8 of the said British Standard 476;

'Goods vehicle' has the meaning assigned to it by the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963, ( S.I. No. 190 of 1963 ), as amended;

'Government Inspector' has the meaning assigned to it by the Conveyance of Explosives Bye-laws, 1955 ( S.I. No. 38 of 1955 );

'Semi-trailer' has the meaning assigned to it by the said Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963, as amended.

2. Where explosives to which these Bye-laws apply are to be conveyed in any outer overall package such outer overall package shall be--

(a) securely attached by means of at least 4 twistlocks secured in the engaged position, to a goods vehicle suitably adapted to transport an outer overall package; or

(b) securely attached by means of at least 4 twistlocks secured in the engaged position to a semi-trailer towed by such goods vehicle.

3. Where explosives are conveyed in an outer overall package--

(a) the outer overall package shall be fire-resistant, or

(b) the goods vehicle used to convey such outer overall package shall be fitted with a fire-resistant screen, carried to within 300 millimetres of the ground under the said goods vehicle, so as to shield completely the engine, air-intake, exhaust, generator, switches and cab of the goods vehicle from the said outer overall package and there shall be a space of at least 150 millimetres between the said fire-resistant screen and the outer overall package; or

(c) that portion of the cab of any goods vehicle which is used for the conveyance of explosives which is closest to the said outer overall package shall be fire-resistant and there shall be a space of 150 millimetres between the said cab and the said outer overall package and the exhaust and air-intake of such goods vehicle shall be placed, directed and protected so as to avoid any danger to the load but this provision shall not apply if the engine, air-intake, exhaust, generator or switches of such goods vehicle extend beyond the back of such cab; and

(d) a fire resistant screen shall be fitted where the engine, air-intake, exhaust, generator or switches of any goods vehicles which is used for the conveyance of explosives extend beyond the back of the cab of such vehicle.

4. (1) Any goods vehicle used in the conveyance of explosives shall be fuelled by diesel oil which has a flash point of not less than 56 degrees Celsius when tested by one of the methods described in Annex 5 of Part A of the act of the European Economic Community entitled Council Directive No. 79/831/EEC of 18th September, 1979¹.

¹O.J. No. L 259 10 18 September, 1984 p. 10.

(2) In this paragraph "flash point" means the lowest temperature to which a petroleum liquid requires to be heated to give off a vapour which, when mixed with air, can be ignited momentarily by a flame.

5. Any goods vehicle used in the conveyance of explosives shall have a fuel tank which is positioned so that any fuel leading from that tank falls directly onto the surface below such goods vehicle.

6. Any goods vehicle used in the conveyance of explosives shall have a fuel feed pump which is either driven directly from the engine or is driven electrically.

7. All lamps carried on or used on any goods vehicle or semi-trailer used for the conveyance of explosives shall be electric.

8. (1) Where an outer overall package used in the conveyance of explosives is not fire-resistant, all electrical wiring which is not shielded from the outer overall package by a fire-resistant screen shall be laid in a conduit outside the outer overall package and properly insulated and each electrical circuit used on that outer overall package shall have its own separate protection device to prevent an overload of current.

(2) Where an outer overall package used in the conveyance of explosives is not fire-resistant and is not conveyed by a goods vehicle which has a fire-resistant cab back, all electrical wiring shall be laid in a conduit outside the outer overall package and shall be properly insulated and each electrical circuit used on that outer overall package shall have its own separate protection device to prevent an overload of current.

9. Any electrical wiring fitted to and any electrical equipment used inside any outer overall package used for the conveyance of explosives shall be of a type specifically approved of in writing by a Government Inspector for the purpose for which such wiring or equipment is to be used.

10. (1) Any goods vehicle and any semi-trailer used for the conveyance of explosives shall be equipped with a switch designed to cut off power to any electrical equipment, other than a tachograph, and such device shall be maintained at all times in good working condition but it shall not be necessary to fit a switch designed to cut off power to any device which is intrinsically safe.

(2) In this paragraph "any device which is intrinsically safe" means a device which is part of a safety system which operates by means of the restriction of electrical energy within an apparatus and or inter-connecting wiring when the said device is exposed to a potentially explosive atmosphere.

11. Any goods vehicle used for the conveyance of explosives shall be equipped with--

( a ) hazard warning lights;

( b ) a bromo-chloro-di-fluoro-methane fire-extinguisher in good working order or a halon fire-extinguisher in good working order and such fire-extinguisher shall be of at least 1.5 kilogrammes capacity; or

( c ) a dry powder fire-extinguisher of at least 1.5 kilogrammes capacity and of a type designed to cope with liquid hydrocarbon fires; and

( d ) two 9 litre capacity water delivering fire-extinguishers; or

( e ) a comparable fire-fighting system designed to cope with liquid hydrocarbon fires and specifically approved of in writing by a Government Inspector for use in the goods vehicle.

12. Exposed iron or steel (that is to say iron or steel which is unpainted) in any form shall not be conveyed with any conveyance of explosives.

13. (1) A Government Inspector shall approve of the maximum weight to be carried in any outer overall package.

(2) Subject to paragraph (3) of this Bye-law the total weight to be carried in any outer overall package shall not exceed 90 per cent. of the weight approved of by a Government Inspector as the maximum weight to be carried in that outer overall package.

(3) The combined gross weight of the vehicle and its load shall not exceed 90 per cent. of the weight permitted to be carried by that vehicle by the Road Traffic (Construction, Equipment and Use of Vehicles, Regulations, 1963 ( S.I. No. 190 of 1963 ), as amended.

14. (1) Any goods vehicle used in the conveyance of explosives shall be attended by, at least, one person over the age of 18 years at all times between the commencement of loading and the completion of unloading of such explosives.

(2) Any goods vehicle conveying explosives shall, while in motion, carry a person (in this Schedule referred to as "an attendant") in addition to the driver who shall also be aged at least 18 years but where there are more than two vehicles travelling in convoy this requirement shall apply only to the first and last vehicles in such convoy.

(3) The driver of a goods vehicle conveying explosives shall ensure that the engine of such goods vehicle is switched off at all times while--

( a ) the goods vehicle is being refuelled, and

( b ) the doors of the containers carried on a semi-trailer drawn by such goods vehicle are open.

15. Before the conveyance of any explosives shall take place, the consignor of such explosives shall notify the divisional headquarters of the Garda Síochána in the area in which the conveyance is to commence at least twenty-four hours before such conveyance and shall obey any instructions given by the Garda Síochána in relation to the conveyance.

16. The driver of a goods vehicle conveying explosives--

( a ) shall, before the conveyance begins, check that the doors of any container containing explosives are closed and locked and, so far as is reasonably practicable, that the vehicle and its equipment are in good working order; and

( b ) within thirty minutes of starting the conveyance at a place indicated by the member of the Garda Síochána in charge of the escort accompanying the said goods vehicle and subsequently at any other place so indicated shall examine the said goods vehicle and if on any such examination it appears to him that--

(i) the vehicle is not in good working order, or

(ii) in relation to that vehicle excessive heat has been generated by friction or other cause,

the said driver shall take such steps as may be necessary to remedy the defect before continuing the conveyance.

17. The driver of a goods vehicle used for the conveyance of explosives shall during the conveyance obey any instructions given to him by a member of the Garda Síochána in relation to such conveyance and shall, as far as is reasonably practicable, keep his vehicle in sight of any escort vehicle provided by the Garda Síochána or the Defence Forces.

18. At all times between the commencement of loading of explosives and the completion of unloading of explosives the consignor shall ensure that--

( a ) there is someone who is capable of giving advice on the explosives and able to deal with queries on the telephone and who is able to reach, within a reasonable time, the scene of any emergency, and

( b ) in the case of an emergency, additional vehicles, personnel and equipment are available to effect the safe transfer and removal of the explosives, within a reasonable time, from the scene of the emergency.

19. Except in an emergency or for the purpose of examination by a person duly authorised by law or a member of the Garda Síochána acting in the course of his duty, explosives shall only be unloaded from a container in order to place them in premises or place licensed for that purpose under the Explosives Act, 1875.

20. No person while on or attending a goods vehicle used for conveying explosives may smoke and smoker's materials may be carried in the cab; provided that they are placed in an appropriately marked receptacle.

21. (1) Where a goods vehicle carrying explosives stops in any place (other than in a place in which the driver has been instructed to stop by the member of the Garda Síochána in charge of the escort accompanying the said goods vehicle) where the presence of explosives would or might endanger the safety of members of the public and the conveyance cannot be continued promptly, the driver of or attendant on such goods vehicle shall,

( a ) as soon as possible, inform the Fire Authority (within the meaning of section 2 of the Fire Services Act, 1981 (No. 30 of 1981)) in whose functional area the stop has taken place that--

(i) an outer overall package containing explosives has been brought into the functional area of the Fire Authority;

(ii) the location of the said goods vehicle;

(iii) the steps that are being taken to secure the removal of the said goods vehicle; and

( b ) warn members of the public at or near the place where the said goods vehicle has stopped of the aforesaid danger.

(2) Any goods vehicle which is used to convey explosives shall not while so being used undergo repairs unless such repairs are carried out pursuant to a direction given by a member of the Gárda Síochána in that behalf.

22. (1) All persons who are employed to drive goods vehicles used for the conveyance of explosives and all attendants of such vehicles shall receive adequate instructions and training from the owners of such goods vehicles to enable them to understand:--

( a ) the nature of the potential dangers to which any explosives conveyed may give rise to during the period beginning on the commencement of loading and ending on the completion of unloading;

( b ) the steps which may be taken to deal with any foreseeable emergency;

( c ) their duties under the Conveyance of Explosives Bye-laws, 1955 ( S.I. No. 38 of 1955 ), as amended.

(2) Each driver and each attendant of any vehicle proposed to be used for the conveyance of explosives shall, before it is so used be given instructions in writing a copy of which shall be sent to the Secretary, Department of Justice, Dublin, setting out their respective duties and responsibilities and a telephone number at which the person referred to in paragraph 18 (a) of this Schedule may be contacted in case of an emergency.

(3) There shall be kept by all persons engaged in conveying explosives, a record of the training received by each driver of and each attendant on goods vehicles used for the conveyance of explosives by the person and a copy of such record shall on a request being made in that behalf by a Government Inspector be supplied by the consignor of explosives.

(4) The instructions referred to in subparagraph (2) of this paragraph shall be examined by a Government Inspector and shall be amended or approved of unamended as the Government Inspector thinks fit.

23. The driver of a vehicle escorting a goods vehicle conveying explosives shall be given by the consignor of such explosives, information in writing concerning any dangers to which the explosives conveyed may give rise and a copy of the written instructions referred to in paragraph 22(2) of this Schedule.

GIVEN under my Official Seal, this 31st day of July, 1986.

ALAN M. DUKES,

Minister for Justice.

EXPLANATORY NOTE.

The Bye-laws provide for conveyance by road in certain circumstances of certain classes of explosives of up to a maximum of 16,000 Kilogrammes, when conveyed in an "outer overall package" (i.e. a freight container of a minimum standards prescribed in the Schedule to the Bye-laws).