S.I. No. 105/1967 - Merchant Shipping (Dangerous Goods) Rules, 1967.

S.I. No. 105 of 1967.

MERCHANT SHIPPING (DANGEROUS GOODS) RULES, 1967.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 38 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby make the following rules:

1. (1) These Rules may be cited as the Merchant Shipping (Dangerous Goods) Rules, 1967.

(2) In these Rules—

"explosive" has the same meaning as in the Explosives Act, 1875;

"limited quantities" in relation to dangerous chemicals means quantities not exceeding the maximum quantities specified for those chemicals in scales for the time being approved by the Minister;

"the Minister" means the Minister for Transport and Power;

"passenger ship" means a ship carrying more than 12 passengers.

(3) Rules 2 to 10 apply to:—

(a) ships registered in the State;

(b) other ships while they are loading cargo within any port in the State or within the territorial waters of the State.

Rule 11 applies to all ships to which Rules 2 to 10 do not apply as aforesaid while they are within any port in the State or are embarking or disembarking passengers within the territorial waters of the State or are loading fuel or discharging cargo or fuel within those waters.

(4) For the purpose of these Rules the expression "dangerous goods" shall include empty receptacles which have been previously used for the carriage of dangerous goods unless such receptacles have been cleaned and dried or, when the nature of the former contents permits with safety, have been adequately closed, or in the case of radioactive substances have been both cleaned and adequately closed, but the expression shall not include—

(a) goods forming part of the equipment or stores of the ship in which they are carried;

(b) goods which neither the owner of the ship nor any of his servants or agents knew or ought to have known or had reasonable grounds for suspecting to be dangerous goods.

(5) These Rules shall come into operation on the 14th day of May, 1967.

(6) The Merchant Shipping (Dangerous Goods) Rules, 1953 ( S.I. No. 347 of 1953 ), are hereby revoked.

2. (1) Dangerous goods shall not be taken on board any ship to which this Rule applies for carriage in that ship unless the shipper of the goods has furnished the owner or master of the ship with a certificate or declaration in writing that the shipment offered for carriage is properly marked and labelled in accordance with the provisions of these Rules and is packed in a manner adequate to withstand the ordinary risks of handling and transport by sea having regard to their nature.

(2) Such certificate or declaration shall indicate with the correct technical name the identity of the goods and shall indicate to which of the following classes the goods belong:

Class 1 —Explosives;

Class 2 —Gases: compressed, liquified or dissolved under pressure;

Class 3 —Inflammable liquids;

Class 4 (a)—Inflammable solids;

Class 4 (b)—Inflammable solids or substances liable to spontaneous combustion;

Class 4 (c)—Inflammable solids or substances which in contact with water emit inflammable gasses;

Class 5 (a)—Oxidising substances;

Class 5 (b)—Organic peroxides;

Class 6 (a)—Poisonous (toxic) substances;

Class 6 (b)—Infectious substances;

Class 7 —Radioactive substances;

Class 8 —Corrosives;

Class 9 —Miscellaneous dangerous substances, that is any other substance which experience has shown, or may show, to be of such dangerous character that these rules should apply to it;

Class 10 —Dangerous chemicals in limited quantities.

(3) The master of the ship shall cause a list, manifest or stowage plan to be carried in the ship setting forth, in accordance with the information provided under the foregoing provisions of this Rule, the dangerous goods carried in the ship on the voyage in which she is currently engaged and the places in the ship where they are stowed.

3. (1) Dangerous goods, being goods contained in a vehicle, container, package or receptacle shall not be taken on board a ship to which this Rule applies for carriage in that ship unless the vehicle, container, package or receptacle in which the goods are contained is clearly marked with a distinctive label or stencil purporting to indicate the nature of the danger to which the goods give rise, and if the goods are taken on board the ship at any port in the State or within the territorial waters of the State a label or stencil purporting to indicate with the correct technical name the identity of the goods.

(2) Where goods are taken on board a ship in a vehicle or where goods are taken on board a ship in a container which is an additional body for a vehicle and is constructed or adapted for the purpose of being taken on or off the vehicle with goods contained therein, nothing in the foregoing provisions of this Rule shall be taken to require any package or receptacle in the vehicle or, as the case may be, any package or receptacle in the container to be also marked.

4. Dangerous goods, being goods which are not loaded in bulk, shall not be taken on board any ship to which this Rule applies for carriage in that ship if the owner of the ship or any of his servants or agents knows or ought to know that the goods are not packed in a manner adequate to withstand the ordinary risks of handling and transport by sea, having regard to the nature of the goods and in accordance with conditions of packing laid down in the First Schedule to these Rules.

Provided that in any proceedings against an owner or master in respect of a failure to comply with the provisions of this Rule, it shall be a good defence to prove that before the goods were taken on board the ship—

(a) the owner or master was furnished with a statement in writing by the shipper to the effect that the goods were packed in accordance with the requirements of this Rule, and

(b) neither the owner nor any of his servants knew that the goods were not so packed.

5. Dangerous goods shall not be loaded in bulk into any ship to which this Rule applies for carriage in that ship if the owner of the ship or any of his servants or agents knows or ought to know that the goods cannot safely be carried in bulk to the destination to which they are consigned.

6. Dangerous goods and any vehicle, container, package or receptacle containing dangerous goods, taken on board any ship to which this Rule applies for carriage in that ship shall be stowed in the ship, and shall be kept so stowed, in a manner which is a safe and proper manner of stowage for the goods, or, as the case may be, for the vehicle, container, package or receptacle, having regard to the identity and dangerous nature indicated by the markings referred to in Rule 3. Dangerous goods of a different kind which the owner of the ship or any of his servants or agents knows or ought to know are liable to interact dangerously shall be effectively separated and kept effectively separated from one another.

7. Liquids which the owner of the ship or any of his servants or agents knows or ought to know to be inflammable shall not be taken on board any ship to which this Rule applies for carriage in that ship as cargo unless ventilation adequate in the circumstances is provided for the spaces in which the liquids are to be carried.

8. Substances which the owner of the ship or any of his servants or agents knows or ought to know to be liable to spontaneous combustion shall not be taken on board any ship to which this Rule applies for carriage in that ship as cargo unless precautions proper in the circumstances are taken for the prevention of the spontaneous combustion of such substances.

9. (1) There shall not be taken on board any ship to which this Rule applies any explosives (other than ammunition) which the owner of the ship or any of his servants or agents knows or ought to know present a serious risk when carried in a ship unless such explosives are—

(a) stowed in a magazine which shall be kept securely closed while the ship is at sea; and

(b) effectively separated from detonators.

(2) Electrical apparatus and cables in any compartment in which such explosives are carried shall be designed and used so as to minimise the risk of fire or explosion.

10. (1) Explosives shall not be taken on board any ship to which this Rule applies being a passenger ship for carriage in that ship except—

(a) any explosive set forth in the Second Schedule to these Rules;

(b) any explosives the total weight of which does not exceed 20 pounds net weight;

(c) distress signals for use in ships or aircraft, if the total weight of such signals does not exceed 2,240 pounds;

(d) except in ships carrying unberthed passengers, any shop fireworks.

(2) Any distress signal, rockets or shop fireworks carried in a passenger ship to which this Rule applies shall be stowed under the supervision of a person appointed for that purpose by the master of the ship in writing signed by him.

(3) Dangerous goods shall not be taken on board any ship to which this Rule applies, being a passenger ship, for carriage in that ship unless the carriage of the goods in the ship is approved by the Minister.

11. Dangerous goods shall not be carried in any ship to which this Rule applies unless :—

(a) in the case of a ship to which the International Convention for the Safety of Life at Sea, 1960 applies the goods are being carried in accordance with the law relating to the carriage of such goods of the country in which the ship is registered and all the provisions of that law in so far as the same are applicable have been complied with; or

(b) in the case of any other ship, the provisions of these Rules which would have been required to have been complied with if the goods had been taken on board the ship in the State have been complied with.

Provided that the Minister may exempt any ship from any of the requirements of these Rules which are required to have been complied with in the case of that ship by virtue of sub-paragraph (b) ofthis Rule, if he is satisfied that the requirements of the law relating to the carriage of dangerous goods of the country in which the vessel is registered have been complied with and are no less effective than the said requirements of these Rules.

FIRST SCHEDULE.

PACKING.

(1) The packing of dangerous goods, being goods which are not loaded in bulk, shall be—

(a) well made and in good condition;

(b) of such a character that any interior surface with which the contents may come into contact is not dangerously affected by the substance being conveyed; and

(c) if the dangerous goods are radioactive substances, adequate to allow a margin of safety sufficient in the circumstances to protect all persons on board the ship.

(2) Where absorbent or cushioning material is used in the packing of a receptacle or receptacles containing liquids that material shall be—

(a) capable of minimising the dangers to which the liquid gives rise;

(b) so disposed as to prevent movement of the receptacle and ensure that the receptacle remains surrounded by such material; and

(c) in sufficient quantity where reasonably possible to absorb the liquid in the event of breakage of the receptacle.

(3) Receptacles containing dangerous liquids shall have an ullage at the filling temperature sufficient to allow for the highest temperature likely to be met during the course of normal carriage.

(4) Cylinders or receptacles for gases under pressure shall be adequately constructed, tested, maintained and correctly filled.

SECOND SCHEDULE.

EXPLOSIVES WHICH MAY BE TAKEN ON BOARD PASSENGER SHIPS.

Ajax Percussion Caps.

Antifyre Percussion Caps.

Battery Pockets.

Bullseye Percussion Caps.

Cardox Heater D.

Cartridge for Martin Cutter.

Cartridges, bolt, cable cutting, linked, punch or rocket.

Cases, Cartridge, Capped.

Cases for Turbo-Starter Cartridges (Empty), Primed.

Cordtex.

Curtis's and Harvey's Safety Electric Fuzes.

Delay Fuze Assembly (10 Seconds).

Drogue Ejector Cartridges.

Eley Kynoch No. 91 Percussion Cap.

Eley Kynoch No. 1A Percussion Cap.

Excelsior Safety Electric Fuzes.

Ferrule Igniter for Safety Fuze.

Flame Detector Cord.

Fuzehead Assemblies.

Hydrox Igniter No. 1 Safety Electric Fuze.

Igniters for Grenades.

Kynoch Fog Signal Caps.

Kynoch No. 41 Percussion Cap.

Kynoch No. 70 Percussion Cap.

Kynoch No. 81 Percussion Cap.

Kynoch Rail Car Fog Signals.

M.O.C. Cartridges (Type 1).

M.O.C. Cartridges (Type 4)

M.O.C. Cartridges (Type 6).

Multiple Safety Fuze Igniters.

Nicorro Percussion Caps.

Nobel's Electric Delay Action Fuzes.

Nobel's Safety Electric Fuzes.

Nobel's Safety Electric Delay Fuzes.

Norres Patent Fuze Lighters.

Orion Patent Safety Electric Fuzes.

Percussion Caps, O. in C. No. 1.

Plastic Core Safety Fuze.

Push Mechanism Type 6.

Pull Mechanism Type 6.

Railway Fog Signals, O. in C. No. 1.

Release Mechanism Type 6.

Safety Cartridge Cases (Empty), Capped

Safety Electric Primers.

Safety Firing Tubes, No. 1.

Safety Fuze, O. in C. No. 1.

Safety Fuze Lighters.

Safety Instantaneous Fuze.

Schermer Cattle Killer Cartridges.

Special Safety Fuze.

Thermal Gas Closing Cartridges.

Trip Fuzes.

Turbo-Starter Primers, Electrically Fired, 15 grain.

Tyre Sound Signals.

Venus Patent Safety Electric Fuzes.

Vulcan Patent Safety Electric Fuzes.

Vickers Percussion Caps.

Vulcan Patent Electric Delay Action Fuzes.

Any safety cartridges not specified above.

GIVEN under my Official Seal, this 3rd day of May, 1967.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE

These Rules implement the provisions of the International Convention for the Safety of Life at Sea, 1960, relating to the carriage of goods.