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.
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
(5) Explosives or
blasting agents shall be transported in separate vehicles from detonators
(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
(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.
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.)