S.I. No. 174/1964 - Road Traffic (Petroleum) Regulations, 1964.

S.I. No. 174 of 1964.

ROAD TRAFFIC (PETROLEUM) REGULATIONS, 1964.

The Minister for Local Government in exercise of the powers conferred on him by sections 5 and 122 of the Road Traffic Act, 1961 (No. 24 of 1961), hereby makes the following Regulations:—

1. These Regulations may be cited as the Road Traffic (Petroleum) Regulations, 1964.

2. These Regulations shall come into operation on the 1st day of August, 1964.

3. In these Regulations—

" petroleum " means petroleum to which the Petroleum Acts, 1871 to 1881 apply or any other inflammable liquid or fuel which is capable of giving forth an inflammable vapour at a temperature of less than 73° Fahrenheit;

" vehicle petroleum " means petroleum kept for the purposes of a mechanically propelled vehicle owned by the person keeping such petroleum, and not kept either wholly or partly for sale;

" storehouse " means any room, building or place of any kind whatsoever whether indoor or outdoor;

" vehicle " means a mechanically propelled vehicle; and any reference to vehicle petroleum kept in a storehouse shall include a reference to any petroleum in the fuel tank of a vehicle or engine kept in the storehouse.

4. (1) A licence under section 7 of the Petroleum Act, 1871 shall not be required in respect of the keeping of any vehicle petroleum where such petroleum is kept and used in accordance with the provisions of these Regulations applicable to the keeping and use of such petroleum.

(2) Where a person keeps or uses vehicle petroleum in a storehouse and there is kept in that storehouse any other petroleum such petroleum shall be kept and used in accordance with the provisions of these Regulations applicable to the keeping and useof vehicle petroleum and shall, for the purposes of these Regulations be deemed to be vehicle petroleum.

5. (1) A person shall not keep or use vehicle petroleum except in metal containers so constructed and so maintained as to be reasonably secure against breakage and so that no accidental leakage of liquid or vapour can take place therefrom.

(2) Every container in which vehicle petroleum is kept or used, other than the fuel tank of a vehicle or engine, shall have the nature of the contents conspicuously and indelibly stamped or marked thereon or on a metal or enamelled label attached thereto

(3) A person shall not carry out, or permit to be carried out, repairs to any such container until the container shall be cleaned, as far as is practicable, by the removal therefrom of all petroleum and inflammable vapour.

(4) The provisions of sub-articles (1), (2) and (3) of this article shall not apply to the keeping or using of vehicle petroleum in separate glass, earthenware or metal containers each of which contains not more than one pint of petroleum and is securely stopped, where the total amount so kept or used at any one time does not exceed two pints and where the nature of the contents of the container is conspicuously marked on each such container.

6. (1) A person shall not keep vehicle petroleum, other than in the fuel tank of a vehicle or engine or petroleum to which sub-article (4) of article 5 of these Regulations applies, in a storehouse unless the storehouse complies with the provisions of sub-articles (2), (3) and (4) of this article.

(2) A storehouse shall, unless it is outdoors, have an entrance direct from the open air and shall be effectively ventilated to the open air.

(3) A storehouse shall not form part of or be attached to any building used as a dwellinghouse or as a place where persons assemble for any purpose unless—

(a) all partitions, floors and ceilings between the storehouse and the building are constructed of substantial fire resistant material,

(b) there is only one opening (not being in a floor or ceiling) giving access to the building from the storehouse,

(c) such opening is fitted with a self-closing door constructed of hardwood or other fire resistant material.

(4) A storehouse which forms part of or is attached to any building shall not be situated wholly or partly under any staircase or under any means of exit from such building which is likely to be required as a means of escape in case of fire unless the storehouse is separated from the staircase or means of exit by a partition, floor or ceiling constructed of substantial fire resistant material and which has no opening therein.

7. A person shall not use a storehouse in which vehicle petroleum is kept or used as a dwelling or as a place where persons assemble for any purpose.

8. (1) A person (other than a person in the public service of the State keeping petroleum for the purposes of vehicles owned by the State) shall not keep more than sixty gallons of vehicle petroleum in a storehouse.

(2) A person shall not keep more than four gallons of vehicle petroleum excluding any petroleum in the fuel tank of a vehicle or engine, and petroleum to which sub-article (4) of article 5 of these Regulations applies, in a storehouse unless the following conditions are complied with—

(a) the storehouse shall not form part of or be attached to a building used as a dwelling or as a place where persons assemble for any purpose,

(b) the storehouse shall be at least twenty feet from any other storehouse, building, stack of timber or other inflammable substance or any public place,

(c) in or adjacent to the storehouse there shall be kept a fire-extinguishing apparatus of a type capable of extinguishing burning petroleum or other effective means for extinguishing burning petroleum.

9. A person shall not keep vehicle petroleum in any container (not being the fuel tank of a vehicle or engine) the capacity of which exceeds two gallons unless the storehouse in which it is kept complies with the provisions of sub-article (2) of article 8 of these Regulations and provision has been made by excavation or by the erection of retaining walls or otherwise to prevent the petroleum flowing out of the storehouse in the event of a leakage occurring in the container or containers in which such petroleum is kept.

10. (1) A person shall not use or expose vehicle petroleum in the presence of any fire or artificial light which would be liable to ignite such petroleum or vapour arising from such petroleum.

(2) A person shall not bring any fire or artificial light capable of igniting inflammable vapour within dangerous proximity of any container containing vehicle petroleum.

(3) A person keeping or using vehicle petroleum shall take all due precautions to prevent unauthorised persons from having access to such petroleum or to containers having contained such petroleum.

(4) Subject to sub-article (5) of this article a person shall not use vehicle petroleum in a storehouse for any purpose other than as fuel for an engine.

(5) (a) Where no fire or naked light is present, a quantity of vehicle petroleum not exceeding one gill may be used for cleaning or as a solvent for repair purposes.

(b) Vehicle petroleum may be used as fuel for any lamp or other apparatus used for the purpose of lighting or heating, provided such lamp or apparatus is so constructed and maintained in such condition as not to be liable to ignite inflammable vapour otherwise than as such fuel.

(6) A person shall not allow any vehicle petroleum to escape into any sewer, any inlet or drain communicating with a sewer, or any watercourse, stream or river.

11. Where a person keeps vehicle petroleum in pursuance of a licence under section 7 of the Petroleum Act, 1871 in the manner provided in any condition attached to such licence, the provisions of these Regulations, other than this article, as to the keeping and use of vehicle petroleum shall not apply as respects such petroleum.

12. The Road Traffic (Petroleum Spirit) Regulations, 1933 (S.R. and O. 1933 No. 93) are hereby revoked.

GIVEN under the Official Seal of the Minister for Local Government this Fifteenth day of July, 1964.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations, which replace the Road Traffic (Petroleum Spirit) Regulations, 1933, (S.R. and O. 1933 No. 93) provide that, subject to certain conditions, a person may, without a licence under the Petroleum Acts, 1871-1881, keep a limited quantity of petroleum for the purposes of a mechanically propelled vehicle owned by him. The quantity of such petroleum is limited to four gallons when kept in a storehouse attached to a dwelling and sixty gallons when kept in a storehouse complying with more stringent requirements including a requirement that it be situated at a distance from other buildings.

The Regulations also prescribe conditions in relation to the structure of storehouses, the provision of fire extinguishing apparatus in certain cases, the use of such petroleum and the construction, marking, and size of containers in which such petroleum may be kept.