Regulations
The purpose of the Regulations is to protect everyone involved in the carriage of explosives (such as consignors or carriers) or those who might become involved (such as member of the emergency services and public).
The Regulations place duties on all those involved in the carriage of explosives, to ensure that they know what they have to do to minimise the risk of incidents and guarantee an effective response.
The Carriage of Dangerous Goods by road or rail is regulated internationally by agreements and European Directives. The requirements of the Directive are implemented by the member states via domestic legislation. In Northern Ireland the implementation is by the Carriage of Explosives Regulations (Northern Ireland) 2010.
European agreement
The Regulations implement the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR). The main duties are now covered by a single regulation, namely Regulation 5.
The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 amend the Carriage of Explosives Regulations 2010 and revoke the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991. Classification is provided for by regulation 5 of the Carriage of Explosives Regulations (Northern Ireland) 2012. The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 amend regulation 3 to ensure that the carriage of explosives in Northern Ireland is prohibited unless they have been classified by a competent authority. The Department of Justice is the competent authority in Northern Ireland. The labelling requirements have been replaced by an industry code of practice.
Exemptions
The Regulations allow certain exemptions that arise from the way the EU Dangerous Goods Directive is worded. Some exemptions are contained in ADR itself or by way of an authorisation. Other exemptions have been set out in a joint Department of Justice, Department of Enterprise Trade and Industry and Department of Transport document named the Carriage of Dangerous Goods: Approved Derogations and Transitional Provisions. The document is specified in regulation 12 of the Carriage of Explosives Regulations (Northern Ireland 2010. It sets out the circumstances under which particular types of carriage or carriage in particular circumstances are exempt from requirements and prohibitions arising under the Carriage of Explosives Regulations (Northern Ireland) 2010. It also provides for alternative requirements and prohibitions to apply. The document should be read in conjunction with the Carriage of Explosives Regulations (Northern Ireland) 2010.