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Provisions for securing safety of foot-passengers in transport roads.
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40.—(1) This section applies to every road in a mine, being a road in which run vehicles moved otherwise than by hand or by animal traction.
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(2) While such vehicles are moving in the road no person employed at the mine (other than an authorised person) shall, except in accordance with regulations, pass on foot along the road unless the movement of the vehicles is specially stopped to allow him to do so.
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(3) If the road is used at the beginning or end of a shift by not less than ten persons, it shall be the duty of the manager to fix a period or periods for the purpose of enabling them to walk in safety, and no person shal cause or permit a vehicle (whether loaded or not) to move, otherwise than by hand or by animal traction, in the road during a period so fixed.
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(4) Regulations may exempt from any of the foregoing requirements any road of a prescribed class in mines to which the regulations apply, and an inspector may, by notice served on the manager of a particular mine, exempt from any such requirement any road in that mine.
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(5) In any prosecution in respect of a person's passing along a road in contravention of subsection (2) it shall be a defence to prove that he had reasonable cause to believe that it might be necessary for repairs to be carried out forthwith in the road and was so passing to ascertain the nature or extent of the repairs.
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(6) Except with the written permission of the manager of a mine, no person shall, except in accordance with special regulations, accompany on foot below ground a vehicle which is moving as part of any rope haulage apparatus.
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(7) For the purposes of subsection (2), “authorised person” means, in relation to a road in a mine,—
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(a) an official of the mine;
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(b) a person employed in connection with the running of vehicles in that road;
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(c) a person engaged in, or in connection with, the carrying out in that road of repairs which it is necessary to carry out forthwith; or
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(d) a person engaged in carrying out, by virtue of the provisions of this Act relating to workmen's inspections or of any such agreement as is mentioned in those provisions, an inspection at the mine.
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