S.I. No. 3/1952 - Coal Mines (Diesel Locomotives) General Regulations, 1952.

S.I. No. 3 of 1952.

COAL MINES (DIESEL LOCOMOTIVES) GENERAL REGULATIONS, 1952.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 86 of the Coal Mines Act, 1911, as adapted by section 11 of the Adaptation of Enactments Act, 1922 , hereby make the following regulations :—

PART I.INTRODUCTORY.

1.—(1) These regulations may be cited as the Coal Mines (Diesel Locomotives) General Regulations, 1952.

(2) These regulations shall come into operation on the 14th day of January, 1952.

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

3.—(1) In these regulations—

" the Act " means the Coal Mines Act, 1911 ;

" face " means, in relation to a seam, the exposed surface from which coal or other material is won ;

" Inspector " means an Inspector of mines and quarries ;

" locomotive " means a mechanically propelled vehicle running on rails and constructed or used for hauling trucks ;

" mine " means a mine to which the Act applies ;

" road " means any part, not within ten yards of the face, of a passage maintained in connection with the working of a mine ;

" the Minister " means the Minister for Industry and Commerce ;

" truck " includes any tub, mine-car, carriage, bogie or other vehicle whether used for the carriage of persons or of mineral or other articles.

(2) Any expression to which a particular meaning is assigned by the Act or by these regulations shall, unless the contrary intention appears, have the same meaning in any instrument issued under these regulations.

PART II.AMENDMENT OF RART II OF THE ACT.

4. The following section shall be substituted for section 58 of the Act (which restricts the introduction underground in coal mines of internal combustion engines)—

" 58.—(1) Except with the consent in writing of the Minister for Industry and Commerce and subject to any conditions prescribed by him no internal combustion engine, other than a diesel engine supplying motive power to a locomotive, shall be used below ground in any mine.

(2) No diesel locomotive engine shall be used below ground in any mine otherwise than in accordance with the regulations of the mine. "

PART III.DESIGN OF DIESEL LOCOMOTIVES AND SELECTION OF ROADS.

5. No diesel locomotive shall be used below ground in any mine except with the consent of the Inspector given in writing.

6.—(1) No diesel locomotive shall be used in any mine unless it is constructed in accordance with the provisions of this regulation.

(2) The locomotive and each of its accessories shall, so far as practicable, be so constructed of non-inflammable material that no risk of fire is created, and any inflammable material shall, unless the Minister approves otherwise, be shrouded with a substantial metallic covering.

(3) Effective provision shall be made so that—

(a) air entering the engine is cleaned,

(b) exhaust gases are cooled and diluted, and

(c) the emission of flame or sparks is prevented.

7. Every diesel locomotive used in any mine shall be provided with—

(a) a braking system which can, whether or not any other device for applying the brakes is fitted, be applied by direct mechanical action,

(b) means for applying sand to the rails,

(c) unless the locomotive cannot develop more than twenty-five horse power and cannot on a level road exceed a speed of eight miles per hour, or was in use before the date of the coming into operation of these regulations and cannot reasonably be so provided, a combined speed and mileage indicator so placed as to be readily seen by the driver,

(d) a headlight capable of showing any obstruction in the road ahead within two hundred feet of the locomotive :

Provided that where any locomotive in use at the date aforesaid had before that date been equipped with a headlight, that locomotive may, with the consent of an Inspector, be used as so equipped.

(e) an adequate warning signal,

(f) a suitable portable fire extinguisher,

(g) a seat for the driver, and such an arrangement of the controls that the driver can see ahead without leaning out of the locomotive, and

(h) a portable lamp for use in emergency

8. No diesel locomotive shall be used where the gradient exceeds one in fifteen.

9.—(1) The provisions of this regulation shall apply to any road in which a diesel locomotive is used.

(2) The track shall be ballasted and, where necessary, drained.

(3) The weight of rail per yard of rail shall not be less than—

(a) if no diesel locomotive in the mine exceeds 3½ tons in weight—24 pounds ;

(b) in any other case—forty pounds, or ten pounds with an addition of five pounds for each ton of weight on one pair of wheels, whichever is the greater.

(4) Every track shall be so constructed that—

(a) the distance between the centres of adjacent sleepers does not exceed three feet,

(b) rail joints are secured by suitable fishplates having at least four bolts.

(5) Curves shall be of such radius as is safe, and either or both of the following precautions shall, where necessary, be taken, that is to say, raising of the outer rail and provision of a check rail.

(6) No diesel locomotive shall be used in any road where there are not, after allowing for swing of the locomotive and trucks, clear spaces not less in extent than the following :—

(a) below the roof or its supports—

(i) if the locomotive is fitted with a covered cab—one foot ;

(ii) in any other case—so much as to enable the driver to stand upright in the locomotive;

(b) on that side of the track on which refuge holes are provided—two feet ;

(c) on the side of the track opposite to the refuge holes—

(i) where there are not more than two tracks—one foot ;

(ii) in any other case—two feet ;

(d) between any two adjacent tracks (if there are more tracks than one)—so much as to afford a clearance of at least one foot between any locomotive or truck on one and any locomotive or truck on the other of them,

10. The manager shall—

(a) determine in respect of each road and maximum load to be hauled by any locomotive and the maximum speed of any train ; and cause notices specifying the same to be posted at appropriate places,

(b) cause warning notices drawing attention to any necessary precautions to be posted in the roads at appropriate places, and

(c) give to each driver directions in writing with respect to loads, speed and all precautions necessary for safe running.

PART IV.WORKING OF DIESEL LOCOMOTIVES AND ENGINES.

11. (1) Each haulage road in which any locomotive is used in any mine shall be placed in the charge of a competent person appointed in writing by the manager.

(2) Once at least in every twenty-four hours, each such road shall be inspected by, or under the supervision of, the person aforesaid with particular regard to—

(a) clearance and freedom from obstructions,

(b) the state of the track,

(c) the state of the roof and sides,

(d) ventilation and absence of inflammable gas,

(e) general safety.

12.—(1) Once at least in every twenty-four hours, each diesel locomotive in any mine shall be examined by a competent person appointed in writing by the manager.

(2) Once at least in every seven days each such locomotive in any mine shall be examined by a competent person appointed in writing by the manager, who shall ensure that—

(a) every part requiring to be cleaned is properly cleaned,

(b) the locomotive is in all respects in proper working order.

13.—(1) Once at least in every seven days, the braking system of each diesel locomotive in any mine shall be examined and tested by a competent person appointed in writing by the manager, and the said test shall include applications of the brakes—

(a) when the locomotive is moving, by direct mechanical action and by each other means provided, and

(b) when the locomotive is at rest with the engine stopped, by any means provided other than direct mechanical action and for a period of at least ten minutes.

(2) Immediately after any repairs or adjustment to the braking system of any locomotive, an examination and test shall be made as provided in the foregoing paragraph.

14. Any person making any inspection, examination or test in pursuance of the three last foregoing regulations shall forthwith record particulars thereof in a book to be kept at the mine for the purpose.

15. No diesel locomotive shall be used in any mine if—

(a) it has any defect liable to affect its safe running, or

(b) it is not maintained in proper working order or replenished with all necessary oil and consumable stores.

16. Any protective device fitted to an exhaust opening of a diesel locomotive engine shall, whenever necessary, and in any event not less often than once in every period of twenty-four hours during which the engine has been run (or if, in relation to any specified device, the Minister has specified longer periods, not less often than once in every such period) be thoroughly cleaned or replaced by a like device in clean condition.

17.—(1) No diesel locomotive shall in any mine be operated, except for repairs or tests, otherwise than by an appointed driver, being a person certified to be competent without supervision to drive a locomotive of the type concerned, and, if the locomotive is used for haulage of persons, a person not less than twenty-one years of age.

(2) In this regulation " appointed driver " means a person appointed by the manager to be a driver of locomotives ;

" certified " means certified by the person appointed by the manager to supervise the competence of all drivers of locomotives in that mine.

18.—(1) Except during shunting operations—

(a) no diesel locomotive shall be used in any mine for moving any truck otherwise than by hauling from in front ;

(b) no truck containing timber or other materials exceeding in length the length of the truck shall be coupled next to the locomotive or to any truck in which any person is being conveyed.

(2) A red light visible at a distance of two hundred feet shall be attached at the rear of the last truck of each train in any mine, and at the rear of each unattached locomotive.

19. Except with the permission of the manager, no person shall be on any diesel locomotive in any mine when it is in motion unless he is—

(a) the driver of the locomotive, or

(b) a person engaged in shunting operations for which the locomotive is at the time being used, or

(c) a person appointed under Regulation 23 of the General Regulations dated the 10th day of July, 1913, and made under section 86 of the Act, to accompany and have charge of a train drawn by the locomotive, or

(d) a person engaged in maintaining or testing the locomotive.

20. The driver of a diesel locomotive shall not leave it unattended away from the place where it is housed when not in use, unless he has ensured that it cannot be set in motion by any unauthorised person

PART V.ADDITIONAL PROVISIONS.

21. Every diesel locomotive in any mine shall, when not in use, be housed in a suitable housing station which is—

(a) provided with two means of egress,

(b) ventilated by a through current of air sufficient to render the exhaust gas harmless while the engine is being run in the housing station,

(c) constructed of non-inflammable material,

(d) having a floor of smooth concrete,

(e) fitted with an inspection pit or other effective means of inspecting the locomotive from below, and

(f) kept provided with equipment for extinguishing fire.

22.—(1) No diesel locomotive shall be replenished with fuel oil in any mine except at a filling station appointed by the manager.

(2) The provisions of sub-paragraphs (a), (b), (c), (d) and (f) of the last foregoing regulation shall apply to any filling station as they apply to a housing station, so however that the floor of each filling station shall be provided with a sill, and each filling station shall be so equipped that the spilling of oil is, so far as practicable, prevented.

(3) Any oil spilt shall forthwith be taken up with a non-inflammable absorbent, which shall be deposited in a fire-proof receptacle and as soon as practicable removed from the mine.

(4) No person shall smoke, or use any light or lamp other than a locked safety lamp or an electric lamp adequately protected, in any filling station, or within ten yards of any filling station.

(5) No oil shall be taken from any container in a filling station while any internal combustion engine in the filling station is running.

23.—(1) No oil shall be used in any mine for supplying motive power to any diesel locomotive which does not comply with the standard specified for Class A fuel in the " British Standard (Fuels for Oil Engines) " as published by the British Standards Institution.

(2) No oil for use as aforesaid shall be taken below ground except in an adequate container which does not leak.

(3) No such oil shall at any time be stored below ground unless—

(a) it is, until transfer into the tanks of a locomotive, stored in a filling station in an adequate container which does not leak,

(b) the quantity thereof does not exceed the quantity which with any oil then in the tanks of the locomotive or locomotives for which it has been brought below ground will, according to the normal user of those locomotives, be consumed within the forty-eight hours next following.

24. A copy of the two last foregoing regulations shall be kept posted and clearly visible in each filling station.

25. A diesel locomotive shall be deemed to have a defect liable to affect its safe running if gas from its exhaust is found to contain more than two parts of carbon monoxide, or one part of oxides of nitrogen, per thousand.

26.—(1) The engine of a diesel locomotive shall not be kept running in a mine when the locomotive is stationary except—

(a) during brief halts while in use, or

(b) while being tested.

(2) No diesel locomotive shall be used in any place where there is not for the time being a sufficient current of air to render the gas from its exhaust harmless.

(3) Where in any working place or road in which diesel locomotives are in use there is found in the general air a concentration of carbon monoxide greater than—

(a) fifty parts per million—immediate steps shall be taken to disperse the said concentration,

(b) one hundred parts per million—the operation of every diesel locomotive in the district shall be discontinued until it is determined that the concentration of carbon monoxide in the general air at that place does not exceed fifty parts per million.

27.—(1) In the case of each diesel locomotive in use in any mine a sample of the gas from the exhaust when the engine is being run—

(a) at maximum speed on full load,

(b) at normal idling speed on no load, shall be taken and analysed once at least in every three months.

(2) A sample of the general air at each appointed place shall be taken and analysed once at least in every month.

(3) In this regulation, " appointed place " means a place appointed by the manager, so however that the manager shall, if an Inspector so requires, vary any appointed place, or appoint one or more additional places, and there shall be sufficient appointed places to ensure that any harmful concentration in the general air in any working place or road in which any diesel locomotive is being used shall be detected.

(4) Particulars of the analysis of each sample taken in pursuance of paragraph (1) or (2) of this regulation shall be recorded in a book to be kept at the mine for the purpose.

28. The provisions of these regulations relating to the use of any diesel locomotive in any mine shall be construed as applying only to the use of that locomotive below ground therein.

29. The Minister may exempt any mine or part of a mine or any class or description of mines, from compliance with any provision of these regulations where compliance in the particular case is not reasonably practicable or not requisite for safety.

GIVEN under my Official Seal, this 2nd day of January, 1952.

(Signed) SEÁN F. LEMASS,

Minister for Industry and Commerce.