N.Y. Comp. Codes R. & Regs. tit. 21 § 950.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 950.6 - Rules pertaining to Niagara Falls Bridge Commission regulations governing transportation of explosives and other dangerous articles in or upon facilities operated by the commission

(a) These regulations apply to the vehicular crossings under the jurisdiction of the commission.

(b) Any vehicle, the load of which includes, or is believed by a bridge employee to include, any dangerous article, and the load of any such vehicle, shall be subject to inspection to determine whether any such vehicle would be in violation of these rules and regulations.

(c) No vehicles loaded with any dangerous articles shall enter in or upon the vehicular crossing unless the driver shall first, on demand made by a bridge employee exhibit a bill of lading or other shipping paper describing such article by the specific name therefore used in the "List of Explosives and Other Dangerous Articles" contained in the Interstate Commerce Commission regulations.

(d) Wherever reference is made herein to "Interstate Commerce Commission regulations," it shall refer to the regulations of the Interstate Commerce Commission which are included in Title 18 of the United States Code entitled Crimes and Criminal Procedures, as revised, codified and enacted into positive law, and may be cited as Title 18, United States Code, chapter 39, sections 831 and 837 inclusive as applicable to and dealing with the transportation of explosives and other dangerous articles by motor vehicles on the highway. Reference is also made to Title 49 of the Code of Federal Regulations, Parts 71 to 79 inclusive.

(e) No vehicle shall enter the vehicular crossing if its load includes any weapon of war employing atomic fission or radioactive force, or any component part of such weapon containing a fissionable material, or any forbidden explosives as defined by Interstate Commerce Commission regulations.

(f) No vehicle shall enter the vehicular crossing if its load includes:

(1) any Class A or B explosives (other than special fireworks--including railway or track torpedoes--not in excess of 10 pounds gross weight per vehicle) as defined by Interstate Commerce Commission regulations; or

(2) any radioactive material including, but not limited to, radioisotopes, nuclear fissionable material, reactor fuel rods, irradiated fuel rods, and radioactive ores, residues, and wastes, except under the following conditions:

(i) written permission must be obtained from the commission at least two days before intended travel over the vehicular crossing;

(ii) if permission to use the vehicular crossing is granted by the commission, passage may be made only on the specific day and within such hours as are stipulated by the commission. Vehicles and their loads requiring special handling will be subject to any and all costs, in addition to the regular tolls, for such special handling. Provided, however, common, contract and private carriers transporting radioisotopes used for medical, industrial, agricultural, or research purposes; natural uranium metal, depleted uranium, magnesium-thorium alloys in formed shapes (not powered, and which shall contain not more than four percent nominal thorium 232); radium or radon sealed in needles, capsules or similar platinum-invidium or gold container used for medical purposes; manufactured articles other than liquids, containing radioactive material as component parts, namely, clock and instrument dials, electronic tubes, test instruments, X-ray machines; packaged, marked, labeled and limited as required by the Interstate Commerce Commission regulations in a properly placarded vehicle, may use the vehicular crossing without prior notice or time restriction;

(iii) vehicles transporting Class A or B explosives or radioactive materials; their contents and shipping documents shall be subject to inspection by a bridge employee prior to proceeding over the vehicular crossing;

(iv) operators of vehicles transporting Class A or B explosives, or radioactive materials must comply with all orders, instructions and directives of a bridge employee; and

(v) vehicles transporting Class A or B explosives, or radioactive materials, whether halted or in motion, must remain at least 300 feet from any vehicle traveling in the same direction while crossing the bridges.

(g) No vehicle loaded with any dangerous article and no tank vehicle which last contained a dangerous article shall enter in or upon the vehicular crossing unless such vehicle, its load and transportation of such load in such vehicle shall in every respect comply with the Interstate Commerce Commission regulations, including, without limiting the generality of the foregoing, regulations regarding forbidden articles, proper condition for transportation, containers, packaging, marking, labeling, description, certification, quantity limitations and loading and placarding or marking of the vehicle. They shall comply with all other applicable laws and regulations of the United States, the State of New York, of Canada and the Province of Ontario, and the departments and agencies thereof as they apply to dangerous or hazardous articles.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 950.6