N.Y. Comp. Codes R. & Regs. tit. 12 § 39.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 39.11 - Transportation of explosives

(a) General. Explosives shall be transported in accordance with the provisions of this section except for quantities of five pounds or less of black powder which shall be transported in accordance with the special provisions relating to black powder of section 39.12 of this Part (rule).

(b) Marking of vehicles. No person shall transport or cause or permit the transportation of explosives in any vehicle unless the front, rear and both sides of such vehicle are marked or placarded with the word "EXPLOSIVES" legibly printed in red letters at least six inches in height with letter strokes at least five-eights inch in width. Such letters shall be on a white background. When such transportation of explosives takes place during the hours of darkness, such marking or placard shall consist of reflecting materials which shall be legible from a distance of at least 250 feet by a person approaching in a motor vehicle using undimmed headlights on an unlighted highway. This provision shall not apply to the transportation of not more than 15 pounds of smokeless powder.

(c) Smoking and other personal conduct. No person shall approach, ride upon, drive, load or unload a vehicle carrying explosives while:

(1) under the influence of or carrying any intoxicant or narcotic;

(2) at any time in a careless or reckless manner; or

(3) while smoking or carrying matches or other flame-producing devices.

(d) Loading.

(1) No person shall place or carry, or cause to be placed or carried, in or upon a vehicle containing explosives any metal tool, piece of metal, fire, firearms, loaded cartridges, match or other device or material which produces spark, flame or heat. This provision shall not apply to tools used for the operation and repair of such vehicle when such tools are in a compartment separate from the loading space, nor to a wooden or nonferrous conveyor. This provision shall not be construed to prohibit the transportation of detonators in or upon the same vehicle with other explosives provided that such detonators be packed in the original outside shipping containers or in packages in an outside box made of one-inch lumber lined with suitable padding material not less than one-half inch thick. Such boxes other than the original shipping containers shall be equipped with hinged covers and fastening devices and shall be securely closed. Detonators in quantities of 50 or less may be transported on the same vehicle with other explosives if they are inside shipping containers or other equivalent containers or wrapped in cloth with a fold of cloth separating each detonator. Detonators transported on the same vehicle with other explosives shall be located in a place remote from such other explosives on the vehicle and in a position easily accessible for quick removal.

(2) Bale hooks or ferrous metal tools shall not be used for loading or handling explosives.

(3) Explosives shall be transported only in the body of a vehicle and shall be loaded only to the height of the sides of the vehicle body. Any such vehicle shall not be loaded beyond its rated capacity and explosives shall be so placed thereon that packages thereof cannot fall from the vehicle. When transported in a vehicle with an open body, explosives shall be covered with a fire-retardant tarpaulin which shall be secured.

(e) Riders. No person shall carry, or permit or cause to be carried, any person other than the driver and his authorized helper or helpers in or upon any vehicle containing explosives.

(f) Qualifications for drivers. Vehicles transporting explosives shall be driven by and be in charge of competent, physically fit, reliable and experienced drivers; who are able to read and write the English language; who are familiar with and duly licensed to operate such vehicles; who are not addicted to the use or under the influence of intoxicants or narcotics; who know and obey the State motor vehicle laws, local ordinances and all rules and regulations governing the transportation of explosives. A copy of Industrial Code Part (rule) 39 shall be in the possession of each driver and helper.

(g) Condition and equipment of vehicles. No person shall load, unload or transport or cause or permit the loading, unloading or transportation of explosives of any vehicle unless such vehicle is in compliance with the following requirements:

(1) Such vehicle shall be in good working condition and capable of safely carrying the load placed upon it.

(2) The sides and ends of an open-bodied vehicle shall be high enough to prevent packages of explosives from falling off. The floor shall be tight and sound.

(3) Exposed ferrous metal on the inside of the vehicle body which is likely to come in contact with packages of explosives shall be covered or protected with wood or other nonferrous material.

(4) Any such vehicle, when carrying more than 200 pounds of explosives, shall be equipped with not less than two approved carbon dioxide fire extinguishers of from 10 to 12 pounds capacity each or two approved dry chemical fire extinguishers (ordinary or multi-purpose) of from four to seven pounds capacity each. Such extinguishers shall be maintained in accordance with the manufacturer's instructions and with the board's resolution of approval.

(5) Trailers shall not be used for the transportation of explosives, nor shall any trailer be attached to a vehicle transporting explosives. This provision shall not apply to semi-trailers.

(6) The battery and electrical wiring of any motor vehicle used for the transportation of explosives shall be so located that they cannot come in contact with any package of explosives.

(7) The electric wiring of any such motor vehicle shall be completely insulated and securely fastened to prevent short-circuiting.

(8) The chassis, engine, pan and bottom of the body of any such motor vehicle shall be clean and free from excess oil and grease.

(9) The gasoline tank and fuel line of any such motor vehicle shall be free from leaks.

(10) The use of ferrous tire chains and ferrous studs in tires on any such vehicle is permitted when necessary to maintain vehicle control under hazardous driving conditions. Such chains shall be inspected and maintained to insure that no part of any such chain strikes the vehicle.

(11) The tires of any such vehicles shall have no defects and shall be properly inflated.

(h) Requirements for vehicles transporting explosives while in transit. No person in charge of a vehicle transporting explosives shall:

(1) Allow such vehicle to remain unguarded or unattended;

Exception:An explosive-laden vehicle may be left unattended if it is parked at a magazine site or other location established solely for the purpose of storing explosives.

(2) Permit such vehicle to enter any structure;

(3) Even though attended, park such vehicle in close proximity to any building or other structure where persons work, congregate or assemble or on any bridge or in any tunnel or on any public street in a city, town or village unless otherwise allowed by law or as necessary for blasting operations.

(4) Load explosives upon or unload explosives from such vehicle unless the engine is turned off and the brakes securely set;

(5) With the exception of the lights necessary for the operation of such vehicle, use any type of lighting in or about such a vehicle except portable, explosion-proof, battery-operated flood lights or explosion-proof, battery-operated lanterns;

(6) Deliver explosives to anyone except those persons holding valid licenses authorizing such persons to receive explosives or to magazines having valid certificates issued in accordance with the provisions of section 458 of the Labor Law and of this Part (rule);

(7) Fill or cause or permit to be filled the fuel tank of such vehicle while explosives are on the vehicle, except in case of emergency and then only when the engine is turned off.

Exception:When route to be traveled exceeds fuel tank capacity.

(8) Make any unnecessary stops. If a stop is unavoidable, the precautions given in paragraphs (1) and (2) of this subdivision shall be observed and, in addition, the engine shall be turned off, the brakes securely set and the ignition key removed;

(9) Place any explosive immediately behind or in close proximity to the exhaust pipe of such motor vehicle;

(10) Allow travel through congested areas and heavy traffic. However, where routes through congested areas have been designated by local authorities, such routes shall be followed.

(11) Allow a flat tire or hot tire to remain on the vehicle. After removal, such a tire shall be placed sufficiently far from the vehicle so that in the event of spontaneous ignition the burning tire will not endanger the vehicle;

(12) Allow the vehicle to enter any area in which a riot or civil disorder is occurring. If the driver of such a vehicle finds himself in such an area, he shall immediately drive the vehicle out of the area and contact the nearest police agency for assistance and escort.

(i) Transportation of nitroglycerin. Vehicles used for the transportation of nitroglycerin shall be equipped with rubber insulated compartments for each container of such dimensions as to hold each container rigid, and the bodies of such vehicles shall be equipped with tops. The capacity of each such container shall not exceed 10 quarts. Leaking, rusty or warped containers shall not be used. Frozen nitroglycerin shall not be transported over public highways.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 39.11