805 KAR 4:100.

Surface transportation of explosives.

 

      RELATES TO: KRS

351.350, 14 C.F.R. 103.1-103.23, 46 C.F.R. 147.1-148.04-23, 49 C.F.R.

171.1-179.500-18, 390.1-397.225

      STATUTORY AUTHORITY:

KRS 351.335

      NECESSITY, FUNCTION,

AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to

promulgate rules and administrative regulations concerning the manufacture,

transportation, sale, storage, or use of explosives and unassembled components

of explosives, and the maintenance of these explosives, which have a direct

bearing on safety to life and property. This administrative regulation establishes the

requirements for transporting explosive materials in a vehicle and establishes

standards for vehicle construction, methods of loading explosives as cargo, and

the warning signs and fire extinguishers required for the vehicle.

 

      Section 1. (1)

Transportation of explosives, blasting agents, and blasting supplies, shall be

in accordance with the provisions of Department of Transportation regulations

contained in 14 CFR 103.1 to 103.23, Air Transportation; 46 CFR 147.1 to

148.04-23, Water Carriers; 49 CFR 171.1 to 179.500-18, Highways and Railways;

and 49 CFR 390.1 to 397.225, Motor Carriers.

      (2) Motor vehicles

or conveyances transporting explosives shall only be driven by, and be in the

charge of, a licensed driver who is physically fit, as defined in 49 CFR

391.41, subpart E. He shall be familiar with the local, state, and federal

regulations governing the transportation of explosives.

      (3) A person shall

not smoke, carry matches or any other flame-producing device, or carry firearms

or loaded cartridges while in or near a motor vehicle or conveyance

transporting explosives, blasting agents, and blasting supplies.

      (4) Explosives or

blasting agents shall not be transported with other materials or cargoes in the

same compartment. Flammable material shall not be carried on the same vehicle

as explosives.

      (5) Explosives or

blasting agents shall be transported in separate vehicles from detonators

unless:

      (a) The detonators

are placed in a type 2 or type 3 magazine secured within the body of the truck;

      (b) The detonators

and explosives are separated by four (4) inches of hardwood, and the detonators

are totally enclosed or confined by the hardwood construction; or

      (c) The detonators

are placed in suitable containers or compartments constructed in accordance

with the Institute of Makers of Explosives Safety Library Publication No. 22.

      (6) Vehicles used

for transporting explosives shall not exceed their cargo-carrying capacity, and

shall be in good mechanical condition.

      (7) If high

explosives or detonators are transported by a vehicle with an open body, a

Class II magazine or original manufacturer's container shall be securely

mounted within the bed to contain the cargo. Containers of explosives or

detonators shall not be stacked higher than the sides or the tailgate of the

vehicle. Blasting agents shall be loaded in a stable manner so that they cannot

fall from the vehicle.

      (8) All vehicles

used for the transportation of explosives shall have tight floors and any

exposed spark-producing metal on the inside of the body shall be covered with

wood, or other nonsparking material, to prevent contact with containers of

explosives.

      (9) Every motor

vehicle or conveyance used for transporting any quantity of explosive materials

on public highways shall display all placards required by the U.S. Department

of Transportation. Vehicles transporting high explosives in areas off highways

shall be marked or placarded on both sides, front and rear, with either the

word "explosives" in red letters not less than four (4) inches in

height, on white background, or the appropriate U.S. Department of

Transportation placards described in 49 CFR 172.504.

      (10) Every vehicle

or conveyance transporting blasting agents in areas other than public highways

shall be placarded on front, back, and both sides with the words "Blasting

Agent" or the appropriate U.S. Department of Transportation placards

described in 49 CFR 172.519 through 172.560.

      (11) Each motor vehicle used

for transporting explosive materials shall be equipped with at least two (2)

fire extinguishers in good condition, each with a rating of at least 4A:40BC.

The driver shall be trained in the use of the extinguishers on his vehicle.

      (12) Fire extinguishers shall

be designed and maintained to allow a visual determination that they are fully

charged, and shall be located on or in the vehicle in a manner so that they are

accessible for immediate use.

      (13)

Motor vehicles or conveyances carrying explosives, blasting agents, or blasting

supplies shall not be taken inside a garage or shop for repairs or servicing.

      (14) A motor vehicle

transporting explosives shall not be left unattended.

 

      Section 2. Incorporation

by Reference. (1) The "Institute of Makers of Explosives Safety Library

Publication No. 22, Recommendations for the Safe Transportation of Detonators

in a Vehicle with Certain Other Explosive Materials", revised May, 1993 is

incorporated by reference.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Department for Natural Resources, 1025 Capital Center

Drive, Frankfort, Kentucky 40602, Monday through Friday, 8 a.m. to 4:30 p.m. (2 Ky.R. 613; Am. 3 Ky.R. 321; eff. 9-1-76; 4

Ky.R. 305; eff. 5-3-78; 10 Ky.R. 313; eff. 9-7-83; 17 Ky.R. 3272; 18 Ky.R. 49;

eff. 6-26-90; 29 Ky.R. 185; 712; eff. 9-16-02; TAm eff. 8-9-2007.)