Transport Act, 1944
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Dangerous goods. |
82.—(1) Nothing in this Act shall impose any obligation on the Company to accept dangerous goods for conveyance by rail or shall prejudice or derogate from the powers of any Minister of State under the Explosives Act, 1875 , or affect the validity or operation of any order, rule or bye-law made under the powers contained in that Act. | |
(2) If the Company accepts dangerous goods for conveyance by rail the goods shall be conveyed subject to such bye-laws, regulations and conditions as the Company may think fit in regard to the conveyance or storage thereof, and the owner or consignor of such goods shall indemnify the Company from and against all loss or damage which may result to the Company or to which the Company may be or become liable owing to non-compliance with the said bye-laws, regulations and conditions as to such goods and shall pay full compensation for all injury to the Company's servants and damage to its property so arising unless it be proved that the injury or damage is due to the wilful misconduct of the Company's servants, but, subject as aforesaid, the provisions of this Chapter as to ordinary rates and owner's risk rates shall apply. | ||
(3) Any question arising under this section as to whether goods are dangerous goods may be referred to the Minister. | ||
(4) Where the dissolved railway company or the Company has declared any article to be dangerous, it shall lie on the person requiring the article to be carried to show that it is not dangerous. | ||
(5) Any bye-laws made by the dissolved railway company for the purposes of subsection (2) of section 47 of the Railways Act, 1924 (No. 29 of 1924), shall continue in force and have effect as if made by the Company under subsection (2) of this section. |