MINES ACT (NORTHERN IRELAND) 1969 - SECT 37 Transport rules.

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MINES ACT (NORTHERN IRELAND) 1969 - SECT 37

Transport rules.

37.(1) The manager of every mine shall have power to make rules (hereafter in
this Act referred to as "transport rules") with respect to the use of vehicles
and conveyors in the mine and the conditions under which they may be so used
and generally for securing the safe operation in the mine of vehicles and
conveyors and the avoidance of bodily injury being caused to persons by reason
of the running thereof, and in particular, but without prejudice to the
generality of the foregoing words,

(a)specifying a standard height and width with respect to each length of road
in the mine in which vehicles run or conveyors are operated;

(b)specifying the maximum loads (by reference to weight, dimensions, number or
other criterion) that may be carried in vehicles in any length of road in the
mine and the maximum number of vehicles (according as to whether they are
loaded or unloaded) that may be coupled together to run as a set or train in
any length of road in the mine;

(c)specifying the maximum speeds at which vehicles may run in any length of
road in the mine; and

(d)prohibiting the conveyance in roads in the mine of persons in vehicles or
on conveyors except in such circumstances and in accordance with such
conditions, if any, as may be specified in the rules and specifying
precautions to be observed when persons are so conveyed.

(2) The exercise by the manager of a mine of the power conferred by subsection
(1) shall be obligatory for the purpose mentioned in paragraph (a) of that
subsection and also for the purposes mentioned in paragraphs (b) to (d)
thereof save in so far as an exercise of that power for those purposes could,
having regard to the circumstances of the mine, serve no object, and
regulations may render an exercise of that power obligatory for any other
purpose for which it may be exercised.

(3) The power conferred by subsection (1) to specify by transport rules
standard heights and widths with respect to lengths of road may, as respects
any particular length of road, be so exercised as either to specify a standard
height and width to be applicable without exception throughout that length of
road or to specify a standard height and width to be applicable throughout
that length of road but subject to exceptions (as regards height or width, or
both) for such places therein as may be specified in the rules.

(4) Transport rules having effect with respect to a mine may impose duties and
prohibitions on persons employed thereat and, without prejudice to the
generality of section 17(5) of the Interpretation Act (Northern Ireland) 1954,
may make different provision with respect to different roads or classes of
roads, different lengths of road or lengths of road of different classes and
different classes of vehicles, conveyors and loads.

(5) It shall be the duty of the manager of every mine

(a)so to frame such of the provisions of transport rules as have effect by
virtue of paragraph (a) of subsection (1) as to secure that, as regards any
length of road in the mine to which the provisions relate, the specified
standard width is not less than such as is sufficient to permit of the
provision of such amount of space as may be calculated to secure the safety of
persons who work in or pass through that length of road while vehicles are
running or conveyors are being operated therein; and

(b)so to frame such of the provisions of transport rules as have effect by
virtue of paragraph (b) or (c) of that subsection as to secure that each
maximum thereby specified is such as will, in his opinion, afford a reasonable
margin of safety.

(6) It shall be the duty of the manager of every mine

(a)to take, with respect to every length of road therein with respect to which
a standard height and width is specified by provisions of transport rules
having effect by virtue of paragraph (a) of subsection (1), such steps as are
appropriate for securing that the height and width of that length of road
throughout are at all times not less than the standard height and width so
specified, save, so far as regards any such place therein as is specified in
the rules by virtue of subsection (3), in so far as that height and width are,
or either of them is, by virtue of that subsection, inapplicable;

(b)to secure that all other provisions of transport rules relating to the mine
are executed and enforced.

(7) A transport rule which is inconsistent with the provisions of any
regulations shall, to the extent of the inconsistency, be of no effect.

(8) If an inspector reports to the Ministry that he is of opinion with respect
to a mine that provision ought to be made by transport rules having effect
with respect to the mine for any matter for which provision is not for the
time being made by such rules or that different provision ought to be made by
such rules for any matter for which provision is for the time being made by
such rules, the Ministry may serve on the manager of the mine a notice
specifying the matter for which provision or, as the case may be, different
provision ought to be made as aforesaid and the nature of the provision that
ought to be made, and requiring the manager, before the expiration of such
period beginning with the day on which the notice becomes operative as may be
specified therein, to exercise the power conferred on him by subsection (1) in
accordance with the tenor of the notice.

The provisions of Part XIII with respect to references upon notices served by
the Ministry shall apply to a notice served under this subsection.

(9) A copy of all transport rules for the time being in force with respect to
a mine shall be kept at the office at the mine or at such other place as may
be approved by the Ministry, and notices containing a summary of so much of
any such rules as affect any person shall be kept posted at suitable places in
the mine in such characters and in such positions as to be easily seen and
read by him.

(10) A document purporting to be certified by the manager of a mine to be a
true copy of any transport rules for the time being in force with respect to
the mine shall be receivable in evidence and shall, unless the contrary is
proved, be deemed to be such a copy.

S.38 rep by SR 1980/333
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Northern Irish Legislation

MINES ACT (NORTHERN IRELAND) 1969 - SECT 37
