Current through Register Vol. 46, No. 12, March 20, 2024
(a) General. Explosives shall be transported
in accordance with the provisions of this section except for quantities of five
pounds or less of black powder which shall be transported in accordance with
the special provisions relating to black powder of section
39.12
of this Part (rule).
(b) Marking of
vehicles. No person shall transport or cause or permit the transportation of
explosives in any vehicle unless the front, rear and both sides of such vehicle
are marked or placarded with the word "EXPLOSIVES" legibly printed in red
letters at least six inches in height with letter strokes at least five-eights
inch in width. Such letters shall be on a white background. When such
transportation of explosives takes place during the hours of darkness, such
marking or placard shall consist of reflecting materials which shall be legible
from a distance of at least 250 feet by a person approaching in a motor vehicle
using undimmed headlights on an unlighted highway. This provision shall not
apply to the transportation of not more than 15 pounds of smokeless
powder.
(c) Smoking and other
personal conduct. No person shall approach, ride upon, drive, load or unload a
vehicle carrying explosives while:
(1) under
the influence of or carrying any intoxicant or narcotic;
(2) at any time in a careless or reckless
manner; or
(3) while smoking or
carrying matches or other flame-producing devices.
(d) Loading.
(1) No person shall place or carry, or cause
to be placed or carried, in or upon a vehicle containing explosives any metal
tool, piece of metal, fire, firearms, loaded cartridges, match or other device
or material which produces spark, flame or heat. This provision shall not apply
to tools used for the operation and repair of such vehicle when such tools are
in a compartment separate from the loading space, nor to a wooden or nonferrous
conveyor. This provision shall not be construed to prohibit the transportation
of detonators in or upon the same vehicle with other explosives provided that
such detonators be packed in the original outside shipping containers or in
packages in an outside box made of one-inch lumber lined with suitable padding
material not less than one-half inch thick. Such boxes other than the original
shipping containers shall be equipped with hinged covers and fastening devices
and shall be securely closed. Detonators in quantities of 50 or less may be
transported on the same vehicle with other explosives if they are inside
shipping containers or other equivalent containers or wrapped in cloth with a
fold of cloth separating each detonator. Detonators transported on the same
vehicle with other explosives shall be located in a place remote from such
other explosives on the vehicle and in a position easily accessible for quick
removal.
(2) Bale hooks or ferrous
metal tools shall not be used for loading or handling explosives.
(3) Explosives shall be transported only in
the body of a vehicle and shall be loaded only to the height of the sides of
the vehicle body. Any such vehicle shall not be loaded beyond its rated
capacity and explosives shall be so placed thereon that packages thereof cannot
fall from the vehicle. When transported in a vehicle with an open body,
explosives shall be covered with a fire-retardant tarpaulin which shall be
secured.
(e) Riders. No
person shall carry, or permit or cause to be carried, any person other than the
driver and his authorized helper or helpers in or upon any vehicle containing
explosives.
(f) Qualifications for
drivers. Vehicles transporting explosives shall be driven by and be in charge
of competent, physically fit, reliable and experienced drivers; who are able to
read and write the English language; who are familiar with and duly licensed to
operate such vehicles; who are not addicted to the use or under the influence
of intoxicants or narcotics; who know and obey the State motor vehicle laws,
local ordinances and all rules and regulations governing the transportation of
explosives. A copy of Industrial Code Part (rule) 39 shall be in the possession
of each driver and helper.
(g)
Condition and equipment of vehicles. No person shall load, unload or transport
or cause or permit the loading, unloading or transportation of explosives of
any vehicle unless such vehicle is in compliance with the following
requirements:
(1) Such vehicle shall be in
good working condition and capable of safely carrying the load placed upon
it.
(2) The sides and ends of an
open-bodied vehicle shall be high enough to prevent packages of explosives from
falling off. The floor shall be tight and sound.
(3) Exposed ferrous metal on the inside of
the vehicle body which is likely to come in contact with packages of explosives
shall be covered or protected with wood or other nonferrous material.
(4) Any such vehicle, when carrying more than
200 pounds of explosives, shall be equipped with not less than two approved
carbon dioxide fire extinguishers of from 10 to 12 pounds capacity each or two
approved dry chemical fire extinguishers (ordinary or multi-purpose) of from
four to seven pounds capacity each. Such extinguishers shall be maintained in
accordance with the manufacturer's instructions and with the board's resolution
of approval.
(5) Trailers shall not
be used for the transportation of explosives, nor shall any trailer be attached
to a vehicle transporting explosives. This provision shall not apply to
semi-trailers.
(6) The battery and
electrical wiring of any motor vehicle used for the transportation of
explosives shall be so located that they cannot come in contact with any
package of explosives.
(7) The
electric wiring of any such motor vehicle shall be completely insulated and
securely fastened to prevent short-circuiting.
(8) The chassis, engine, pan and bottom of
the body of any such motor vehicle shall be clean and free from excess oil and
grease.
(9) The gasoline tank and
fuel line of any such motor vehicle shall be free from leaks.
(10) The use of ferrous tire chains and
ferrous studs in tires on any such vehicle is permitted when necessary to
maintain vehicle control under hazardous driving conditions. Such chains shall
be inspected and maintained to insure that no part of any such chain strikes
the vehicle.
(11) The tires of any
such vehicles shall have no defects and shall be properly inflated.
(h) Requirements for vehicles
transporting explosives while in transit. No person in charge of a vehicle
transporting explosives shall:
(1) Allow such
vehicle to remain unguarded or unattended;
Exception:An explosive-laden vehicle may be left unattended
if it is parked at a magazine site or other location established solely for the
purpose of storing explosives.
(2) Permit such vehicle to enter any
structure;
(3) Even though
attended, park such vehicle in close proximity to any building or other
structure where persons work, congregate or assemble or on any bridge or in any
tunnel or on any public street in a city, town or village unless otherwise
allowed by law or as necessary for blasting operations.
(4) Load explosives upon or unload explosives
from such vehicle unless the engine is turned off and the brakes securely
set;
(5) With the exception of the
lights necessary for the operation of such vehicle, use any type of lighting in
or about such a vehicle except portable, explosion-proof, battery-operated
flood lights or explosion-proof, battery-operated lanterns;
(6) Deliver explosives to anyone except those
persons holding valid licenses authorizing such persons to receive explosives
or to magazines having valid certificates issued in accordance with the
provisions of section
458 of the Labor Law and of this Part
(rule);
(7) Fill or cause or permit
to be filled the fuel tank of such vehicle while explosives are on the vehicle,
except in case of emergency and then only when the engine is turned off.
Exception:When route to be traveled exceeds fuel tank
capacity.
(8) Make any
unnecessary stops. If a stop is unavoidable, the precautions given in
paragraphs (1) and (2) of this subdivision shall be observed and, in addition,
the engine shall be turned off, the brakes securely set and the ignition key
removed;
(9) Place any explosive
immediately behind or in close proximity to the exhaust pipe of such motor
vehicle;
(10) Allow travel through
congested areas and heavy traffic. However, where routes through congested
areas have been designated by local authorities, such routes shall be
followed.
(11) Allow a flat tire or
hot tire to remain on the vehicle. After removal, such a tire shall be placed
sufficiently far from the vehicle so that in the event of spontaneous ignition
the burning tire will not endanger the vehicle;
(12) Allow the vehicle to enter any area in
which a riot or civil disorder is occurring. If the driver of such a vehicle
finds himself in such an area, he shall immediately drive the vehicle out of
the area and contact the nearest police agency for assistance and
escort.
(i)
Transportation of nitroglycerin. Vehicles used for the transportation of
nitroglycerin shall be equipped with rubber insulated compartments for each
container of such dimensions as to hold each container rigid, and the bodies of
such vehicles shall be equipped with tops. The capacity of each such container
shall not exceed 10 quarts. Leaking, rusty or warped containers shall not be
used. Frozen nitroglycerin shall not be transported over public
highways.