S.I. No. 38/1955:

THE CONVEYANCE OF EXPLOSIVES BYELAWS, 1955.

THE CONVEYANCE OF EXPLOSIVES BYELAWS, 1955.

I, JAMES EVERETT, 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 byelaws:--

1.--(1) These byelaws may be cited as the Conveyance of Explosives Byelaws, 1955.

(2) These byelaws shall come into operation on the first day of April, 1955.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these byelaws.

3.--(1) In these byelaws--

" the Act " means the Explosives Act, 1875 ;

" Government inspector " means an inspector appointed under and for the purposes of the Act ;

" boat " has the meaning assigned to it by the Act ;

" the Minister " means the Minister for Justice.

(2) In these byelaws any reference to a class of explosive or to a division of a class, either generally or to a class or division particularly numbered, shall be construed as a reference to a class or division, or to a class or division so numbered into which explosives have been classified by any Order made under section 106 of the Act and for the time being in force.

4. These byelaws shall be observed with respect to the conveyance, loading or unloading of gunpowder and other explosives, elsewhere than in any harbour or on any railway or canal with respect to which byelaws regulating the conveyance, loading or unloading of explosives may be made under section 35 of the Act, or at any wharf or dock with respect to which byelaws regulating the loading or unloading of explosives may be made under section 36 of the Act.

5. Explosive shall not be conveyed in a carriage or boat whilst carrying or plying for public passengers, unless the quantity be less than 5 lb. and all due precautions be taken for the prevention of accidents by fire or explosion ; provided that there shall not be conveyed in any such carriage or boat any explosive of the 5th (Fulminate) Class, or any explosive of the 3rd Division of the 6th (Ammunition) Class, or any explosive of the 1st Division of the 7th (Firework) Class.

6. Any explosive of the 5th (Fulminate) Class, or any such explosive of the 6th (Ammunition) Class as contains its own means of ignition, or any explosive of the 7th (Firework) Class, shall not be conveyed in the same carriage or boat with any explosive not of the class and division to which it belongs, unless it be sufficiently separated therefrom to prevent any fire or explosion which may take place in one such explosive being communicated to another: provided that this byelaw shall not be deemed to apply to the conveyance of detonators and electric detonators in the same carriage or boat with explosive of another class or division if the total number of detonators and electric detonators does not exceed 10,000 in all and the following conditions as to packing are complied with :--

(a) The detonators shall be packed in inner packages with felt or such other material as may be prescribed in the Order of the Minister relating to the packing of explosives for conveyance and in force for the time being. Such inner packages shall be placed inside a substantial case of wood or metal, made and closed so as to prevent any of the inner packages escaping therefrom, and such case shall be placed inside an outer package in such manner and so secured as to leave a clear space of not less than three inches between the case and every part of the interior of the said outer package, such space to be filled with sawdust, straw, or other similar material and the said outer package shall contain not more than 2,000 detonators.

(b) The electric detonators shall be packed in inner and outer packages as defined in the said Order of the Minister, the outer package being lined throughout with felt or similar soft material not less than half an inch in thickness, and the said outer package shall contain not more than 2,000 electric detonators.

(c) The detonators and electric detonators shall be stowed in the carriage or boat in an easily accessible position from which they can be quickly removed in case of necessity and as far away from other explosives as is reasonably practicable.

7. Explosives shall not be deposited in any receptacle or place appropriated for refuse, and shall not be handed or forwarded to any dustman or other person employed in the removal of refuse, nor shall explosive be conveyed in any carriage or boat appropriated for the removal of refuse.

8. Explosive exceeding 100 lb. shall not be conveyed in a mechanically-driven carriage or boat except in accordance with the conditions set out in the schedule hereto.

9. With respect to the conveyance in any carriage or boat of any quantity of any explosive of the 5th (Fulminate) Class, any quantity of any explosive of the 3rd Division of the 6th (Ammunition) Class, any quantity of any explosive of the 1st Division of the 7th (Firework) Class, or any quantity exceeding 5 lb. of any other explosive, the following regulation shall be observed, viz. :--

(a) If the explosive is not effectually protected from accident by fire from without by being conveyed in the interior of a carriage which is enclosed on all sides with wood or metal, or by being conveyed in the hold of a boat having a close deck securely closed, then the explosive shall be completely covered with painted cloth, tarpaulin, wadmill-tilts, or other suitable material, so as to effectually protect it against communication of fire.

(b) There shall not be any iron or steel in the interior of the portion of the carriage or boat where the explosive is deposited, unless the same be covered either permanently or temporarily with leather, wood, cloth, wadmill-tilts, or other suitable material.

(c) In any carriage or boat containing explosive no matches other than safety-matches shall be carried for the use of such carriage or boat, and such safety-matches shall be kept in a safe place apart from the explosive.

(d) In the storing of explosive in any carriage or boat due precautions shall be taken by means of a partition or otherwise, and by careful stowing, to secure such explosive from being brought into contact with, or endangered by, any other article or substance conveyed in such carriage or boat which is liable to cause fire or explosion.

(e) A person whilst on, in, or attending any carriage or boat containing explosive, shall not smoke when within any town or village.

(f) A person in charge of any carriage or boat containing explosive shall not drive or conduct it in a dangerous or reckless manner ; and a person who is intoxicated shall not have charge of such carriage or boat, and shall not be permitted to be in, on, or attending it.

(g) While the loading, unloading, or conveyance of explosive is going on, all persons engaged in such loading, unloading, or conveyance shall observe all due precautions for the prevention of accidents by fire or explosion, and for preventing unauthorised persons having access to the explosive so being loaded, unloaded, or conveyed, and shall abstain from any act whatever which tends to cause fire or explosion and is not reasonably necessary for the purpose of the loading, unloading, or conveyance of such explosive, or of any other article carried therewith, and for preventing any other person from committing any such act ; and any such other person who, after being warned, commits any such act, shall be deemed to commit a breach of this regulation.

(h) After the loading or unloading of explosive on or out of any carriage or boat is begun, no longer time shall be suffered to pass than with the use of all due diligence is reasonably necessary for the purpose of such loading or unloading.

(i) A person shall not forward to a warehouseman or carrier a consignment of explosive unless he has given notice to such warehouseman or carrier beforehand, stating the name and quantity of the explosive proposed to be conveyed, and the name and address of the proposed consignee, and has had an intimation, either general or special, of the time at which the warehouseman or carrier is prepared to receive the consignment ; and a warehouseman or carrier shall not make such an intimation nor receive such consignment unless he is prepared either forthwith to despatch the same or to deposit it in a magazine or store duly licensed for the keeping of such explosive.

(j) Explosive exceeding 50 lb. shall not be conveyed in a carriage or boat which is carrying as merchandise any article liable to cause or communicate fire or explosion, such as charcoal, lucifer matches, articles for striking a light, petroleum to which the Petroleum Act, 1871, or any Act repealing or amending that Act, applies.

(k) A person in charge of a carriage or boat conveying explosive exceeding 100 lb. shall not delay for a longer time than may be reasonably necessary, nor stop unnecessarily at any place where such stopping would be attended with special public danger.

(l) No person shall bring into a carriage or boat conveying explosive exceeding 100 lb. any fire, lucifer matches, mechanical lighters or any substance or article likely to cause explosion or fire ; but this regulation shall not apply to an artificial light of such construction or character, or safety matches of such character, as not to cause any danger of fire or explosion.

(m) Due precautions shall be taken for the prevention of breaches of the preceding paragraph and for the prevention of the introduction of iron, steel or grit so as to come into contact with explosive ; and in any such carriage or boat in which the explosive conveyed is likely to be dangerously affected by water, due precautions shall be taken to exclude water from coming in contact with such explosive. This regulation shall not prohibit the conveyance of explosives in a mechanically-driven carriage or boat subject to the conditions set out in the schedule hereto.

(n) The owner of any carriage or boat on, from, or in which explosive exceeding 100 lb. is loaded, unloaded, or conveyed, who employs others in such loading, unloading, or conveyance, shall, by furnishing copies of these byelaws, or by affixing copies of them in some place where they can be conveniently read, or otherwise, take such measures as may be necessary in order that the persons so employed may be acquainted with the provisions of these byelaws.

(o) Each carriage or boat conveying explosive in any town or village exceeding 100 lb., or elsewhere exceeding 1,000 lb., shall be in the exclusive charge of and constantly attended by some competent person, and such person shall not have charge of more than one such carriage or boat. This regulation shall not apply in the case of a carriage forming part of a continuous train on any private railway if such train is in the charge of and constantly attended by some competent person.

(p) The quantity of explosive to be conveyed in any one carriage or boat shall not exceed 2,000 lb., unless the carriage be so enclosed on all sides with wood or metal, or the boat have a close deck so closed, as effectually to protect the explosive against accident by fire from without, in which case the amount of explosive conveyed shall not exceed the following :--

Provided that if the explosive consists only of articles incapable of communicating explosion from one to another, such as fuzes for shell, tubes, primers and quick firing ammunition up to 3-inch calibre, the quantity of explosive that may be conveyed in any one carriage may exceed 2,000 lb. but may not exceed 10,000 lb.

(q) When two or more carriages or boats conveying explosive exceeding in the aggregate the amount allowed by the preceding regulation to be conveyed in one such carriage or boat, are travelling together, a space of at least 50 yards shall be kept between each such carriage or boat and every other such carriage or boat, unless circumstances render it impracticable, or unless, in the case of a train on a private railway, three or more vans not containing inflammable or explosive goods intervene between each such carriage and every other such carriage.

Nothing in this byelaw shall apply to any explosive of the 1st Division of the 6th (Ammunition) class, provided all due precautions are taken for the prevention of accidents.

10. Any explosive which for the time being is neither authorised (by licence or continuing certificate) to be manufactured for general sale, nor authorised by a licence to be imported for general sale may be carried only in such manner as may be specially directed by the Minister : provided that this byelaw shall not extend to any explosive which, under sub-section 9 of section 40 of the Act, or under any Order made in pursuance of such sub-section, may lawfully be imported without a licence.

11. In the event of any breach (by any act or default) of any of the foregoing byelaws, or any attempt to commit such breach--

(a) the explosive in respect of which, or being in the carriage or boat in respect of which the offence is committed, may be forfeited ;

(b) the person committing the offence shall be liable to a penalty not exceeding in the case of the first offence £10, and in the case of the second offence, or any subsequent offence, £20, and also the following persons, viz. : the owner of the carriage or boat in respect of which, or containing the explosive in respect of which, the offence is committed, the person in charge of such carriage and the person owning such explosive--shall each be liable to a similar penalty, unless he proves that he had supplied proper means and issued proper orders for the observance, and used due diligence to enforce the observance of these byelaws.

12. Wherever in these byelaws an explosive is distinguished as belonging to a particular class or division of a class, reference is made to the classification of explosives contained in an Order made in pursuance of section 106 of the Act.

13. All bye-laws previously made under section 37 and section 39 of the Act relating to the conveyance of explosives are hereby revoked.

Article 8.

SCHEDULE.

CONDITIONS UNDER WHICH EXPLOSIVES EXCEEDING 100 lb. MAY BE CONVEYED IN MECHANICALLY-DRIVEN VEHICLES.

1. Explosives of Class 6, Division 1, and those of Class 6, Divisions 2 and 3, which are incapable of communicating explosion from one to another, such as fuzes for shell, tubes, primers and quick-firing ammunition up to 3·7 inch calibre, may be carried in any mechanically-driven vehicle, provided that all due precautions are taken for the prevention of accidents.

2. Small-arms nitro-compound, as defined in the Order made, under section 43 of the Act, on the twenty-fourth day of September, 1886, may be carried in any mechanically-driven vehicle which does not comply with the conditions contained in sub-paragraph (a) or (b) of paragraph 3 below, provided that the quantity of such explosive in any such vehicle does not exceed 500 lb. and that all due precautions are taken for the prevention of accidents.

3. Other explosives may be carried--

(a) In petrol-driven vehicles, provided the following conditions are observed, viz :--

(i) That at least two men always accompany the vehicle.

(ii) That the cab be separated from the body of the vehicle by a fire-resisting screen carried down to within 12 inches of the ground, a clear space of at least 6 inches being provided between the screen and the body, and the whole of the exhaust pipe being carried in front of the screen.

(iii) That the petrol tank be carried in front of the fire-resisting screen required by condition (ii).

(iv) That a quick-action cut-off be fitted to the petrol feed pipe near the carburettor, but not so close as to be involved in a fire therein.

(v) That an efficient chemical fire extinguisher of adequate size and capable of dealing with a petroleum spirit fire be carried on the vehicle.

(vi) That only electric lamps be carried.

(vii) That the body of the vehicle, including the floor, be completely covered externally with sheet metal and lined internally with asbestos or with wood so treated as to be rendered uninflammable, or with such other material as may be approved in writing by a Government inspector.

(viii) That the engine be not run during the loading or unloading of explosives.

(ix) That the floor-boards and side doors of the cab, if of wood, be so treated as to be rendered uninflammable.

(x) That there shall be no opening in the body of the vehicle except the door, which shall fit closely and shall be at the back unless another position is approved in writing by a Government inspector.

(b) In oil-driven vehicles, provided the following conditions are observed viz. :--

(i) That at least two men always accompany the vehicle.

(ii) That the fuel used in the engine does not give off inflammable vapour at a temperature of less than one hundred and fifty degrees Farenheit.

(iii) That a quick-action cut-off be fitted to the fuel feed pipe in an accessible position.

(iv) That an efficient chemical fire extinguisher of adequate size be carried on the vehicle.

(v) That only electric lamps be carried.

(vi) That the cab be separated from the body of the vehicle by a clear space of at least 6 inches, and the whole of the exhaust pipe be protected from the body by a fire-resisting screen carried down to within 12 inches of the ground.

(vii) That the body of the vehicle, including the floor, be completely covered externally with sheet metal and lined internally with asbestos or with wood so treated as to be rendered uninflammable, or with such other material as may be approved in writing by a Government inspector.

(viii) That the engine be not run during the loading or unloading of the explosives.

(ix) That the floor-boards and side doors of the cab, if of wood be so treated as to be rendered uninflammable.

(x) That there shall be no opening in the body of the vehicle except the door, which shall fit closely and shall be at the back unless another position is approved in writing by a Government inspector.

(c) In any mechanically-driven vehicle which does not comply with the conditions contained in sub-paragraphs (a) or (b) of this paragraph, provided the following conditions are observed, viz. :--

(i) That not more than 500 lb. of explosives be carried on any such vehicle. Provided that, when explosive of Class 6, Division 3, is carried on the same vehicle as explosives of Classes 1 to 4, the quantity of such explosive of Class 6, Division 3, be limited to 100 lb.

(ii) That each outer package consist of a metal case constructed in accordance with one of the specifications contained in the Appendix hereto, or such other specification as may be approved in writing by a Government inspector.

(iii) That each metal case rest on the floor of the vehicle.

(iv) That, if the sides and back of the vehicle are less than 18 inches in height, the load be protected by a tarpaulin securely tied to the vehicle.

(v) That at least two men always accompany the vehicle.

(vi) That an efficient chemical fire extinguisher of adequate size be carried on the vehicle.

(vii) That all due precautions be taken for the prevention of accidents. Provided that Explosives of Class 5 shall not be carried under the conditions prescribed in sub-paragraph (c).

APPENDIX.

ALTERNATIVE SPECIFICATIONS OF METAL CASES FOR CONVEYANCE OF EXPLOSIVES.

SPECIFICATION A.

General.

The body to be of wrought iron, mild steel, hard rolled brass, Muntz metal, or zinc, riveted or welded, fitted at both ends with a substantial flange of same materials or of gun-metal for the attachment of lid and bottom ; if of iron or steel, to be thoroughly galvanised after making up or to be effectively painted. Thickness not less than 18 B.G. = ·0495 inches, or, if of zinc, not less than 3/8 inch.

The bottom to be of same materials as body or of gun-metal ; if of iron or steel, to be thoroughly galvanised, securely riveted to flange of body or forming part of such flange. Thickness not less than 1/8 inch, or if of zinc, not less than 3/8 inch.

Alternatively the bottom may be made of mild steel 3/16th inch thick, thoroughly galvanised and dished so that it fits tightly over th body made of mild steel as above but without a bottom flange.

The body to project at least 1 inch into the dished bottom and the edges of the dished end and of the body to be welded continuously to the body and to the bottom of the dished end respectively.

The lid to be of the same materials as body or of gun-metal ; if of iron or steel, to be thoroughly galvanised. Thickness not less than 1/16th inch at centre, and not less than 1/8 inch at rim, or, if of zinc, not less than 3/8 inch throughout.

The lid to be secured by not less than four good screws, bolts or swing bolts with or without a substantial hinge, which may take the place of one of the four screws, bolts or swing bolts.

A washer of leather, india rubber or other suitable material, to be between the lid and the flange, unless the lid is fitted with a projecting ring fitting into a depression in the flange.

All rivet heads to be well finished, and the inside of the package to be free from rough edges or burrs.

The whole to be of good material and workmanship, and to be maintained in an efficient condition.

SPECIFICATION B.

Duralumin Containers.

Dimensions of container inside to be 35½ inches deep by 121/8 inches wide by 10½ inches broad.

The body of container to be of No. 16 S.W.G. sheet in one piece riveted with 5/16th inch diameter rivets 1 inch pitch at seam, 2 inch pitch at other three corners, having 1¼ inch by 1¼ inch by 3/16th inch angle riveted on top, and round bottom with 5/16th inch diameter rivets 1 inch pitch.

Bottom of container to be of No. 10 S.W.G. sheet fitted with 1¼ inch by 1¼ inch by 3/16th inch angle all round and riveted with 5/16th inch diameter rivets. Corner pieces No. 12 S.W.G. sheet to be riveted to angle and to bottom plate with 5/16th inch diameter rivets.

Cover of container to be of No. 14 S.W.G. sheet fitted with 1½ inch by 1 inch by 3/16th inch angle all round and riveted with 5/16th inch diameter rivets. Corner pieces No. 12 S.W.G. sheet to be riveted to angle and cover plate with 5/16th inch diameter rivets.

Cover to be fastened to container by four ½ inch Whitworth Set Pins with washers.

Rubber joint 1¼ inch by 1/8 inch thick to be riveted to underside of cover plate by twelve ¼ inch diameter rivets, 5/8th inch diameter holes to be bored in cover and joint to suit ½ inch set pins.

Two Duralumin drop down handles to be riveted to body of container.

(16 S.W.G.=1·625 m.m. ; 14 S.W.G.=2·032 m.m. ; 12 S.W.G.=2·641 m.m. ; 10 S.W.G.=3·251 m.m.)

SPECIFICATION C.

Galvanised Iron Container with Aluminium Alloy ends.

The body to be of wrought iron or mild steel, thoroughly galvanised, thickness not less than 18 B.G.=·0495 inch, fitted at the top with a flange ½ inch thick made of the Aluminium Alloy (12·5 per cent. to 14·5 per cent. Zinc ; 2·5 per cent. to 3 per cent. Copper ; remainder Aluminium).

The bottom to be of the Aluminium Alloy, not less than ½ inch thick at the rim, and not less than 3/16th inch thick at the centre, and provided with a projection 1 inch high and at least ¼ inch thick, so made as to be a close fit inside the body, to which it shall be riveted with rivets ¼ inch diameter.

The lid to be of the Aluminium Alloy, not less than ½ inch thick at the rim, and not less than ¼ inch thick at the centre, and secured by eight screwed studs to the flange.

A washer of leather, india rubber, or other suitable material to be between the lid and the flange, unless the lid is fitted with a projecting ring fitting into a depression in the flange.

All rivet heads to be well finished, and the inside of the package to be free from rough edges or burrs.

SPECIFICATION D.

Metal Case for Conveyance of Explosives.

A rectangular case made substantially of Aluminium Alloy, of size approximately 15 inch by 14 inch by 20 inch deep with cover bolted on.

The body is of 10 S.W.G. Aluminium Alloy sheet (B.S. 1470 NS 3 ½ hard) welded at the corner edges to form a watertight container, and the top edge is formed into a smooth flange 1½ inch wide. The body is fitted into a welded framework of 12--1¼ inch by 1¼ inch by 3/16th inch angles of Aluminium Alloy (B.S./STA. 7 A.W. 3 A) and is attached to the framework by folding the edge of the flange around and under the edge of the top angles of the framework. The cover is built up from a welded framework of 4--1¼ inch by 1¼ inch by 3/16th inch Aluminium Alloy angles on top of which a sheet of 10 S.W.G. Aluminium Alloy is welded. It is of such a size that the flange formed by the angles fits neatly outside the flange on the body. A continuous strip of rubber 1¼ inch wide by 1/8 inch thick is affixed by suitable cement to the underside of the cover to make a watertight seal with the flange on the body. The cover is held on by 6--3/8 inch B.S.F. by 1¼ inch cadmium plated set-screws which screw into 2 inch by 1 inch by 3/8 inch tapped galvanised M.S. blocks fixed to the underside of the angle framework under the body flange with ¼ inch Aluminium countersunk rivets. Galvanised M.S. blocks 2 inch by 1 inch by ¼ inch shaped to form shrouds for the heads of the set-screws are riveted to the upper side of the cover, preventing the case being opened otherwise than by the tubular box spanner provided to the consignee for the purpose.

Two substantial galvanised drop handles are fitted to the sides of the container, which are strengthened at these points.

GIVEN under my Official Seal this 9th day of March, 1955.

JAMES EVERETT,

Minister for Justice.