S.I. No. 238/1971:

MINES (LOCOMOTIVES) REGULATIONS, 1971.

MINES (LOCOMOTIVES) REGULATIONS, 1971.

ARRANGEMENT OF REGULATIONS

Regulation

1. Short title.

2. Commencement.

3. Interpretation.

4. Application.

5. Exemption.

6.-9. Design, Construction and Equipment of Locomotives.

10.-14. Roads and Tracks.

15.-21. Working of Locomotives.

22.-29. Diesel Locomotives.

30.-31. Storage Battery Locomotives.

32. Revocations.

SCHEDULE.

S.I. No. 238 of 1971.

MINES (LOCOMOTIVES) REGULATIONS, 1971.

I, JOSEPH BRENNAN, Minister for Labour in exercise of the powers conferred on me by sections 11 , 18 , 76 and 127 of the Mines and Quarries Act, 1965 (No. 7 of 1965), and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), and after due compliance with the provisions of that Act relating to the procedure for making general regulations, hereby make the following regulations:--

1. These Regulations may be cited as the Mines (Locomotives) Regulations, 1971.

2. These Regulations shall come into operation on the 1st day of October, 1971.

3. In these Regulations--

"the Act" means the Mines and Quarries Act, 1965 (No. 7 of 1965);

"diesel locomotive" means a locomotive in which the motive power is generated by a diesel engine;

"inspector" means an inspector appointed under Section 130 of the Act;

"locomotive" means a mechanically propelled vehicle running on rails, constructed or used for hauling other vehicles and being a locomotive to which these Regulations apply;

"maintained", except in Regulation 30 of these Regulations, means maintained in efficient working order and in good repair;

"manager" means a manager appointed under section 13 of the Act;

"Minister" means the Minister for Labour;

"owner" has the meaning assigned to it by section 4 of the Act;

4. (1) Subject to paragraph (2) of this Regulation, these Regulations shall apply to every locomotive used in a mine.

(2) The provisions of these Regulations relating to the use of a locomotive shall be construed as applying only to the use of the locomotive below ground.

5. Notwithstanding Regulation 4 of these Regulations, the Minister or an inspector may, by notice served on the owner, exempt any mine or locomotives therein from the application of any provision of these Regulations if he is satisfied that the safety of persons employed at the mine will not be prejudiced as a consequence of granting the exemption.

6. Every locomotive and each of its accessories shall, so far as practicable, be manufactured from non-flammable material and be constructed so that no risk of fire is created, and any flammable material forming part of the locomotive or its accessories shall, unless an inspector otherwise approves, be shrouded with a substantial metallic covering.

7. Every locomotive in which the motive power is generated by an internal combustion engine shall be constructed so that air entering the engine is cleaned, exhaust gases are cooled and diluted and the emission of flame or sparks from the locomotive is prevented.

8. In every locomotive in which the motive power is generated by an electric motor supplied with electricity from a storage battery (in these Regulations referred to as a storage battery locomotive) the part of the locomotive in which the battery is carried shall be provided with adequate ventilation and be constructed so as to be capable of resisting rough useage.

9. Every locomotive shall be provided with each of the following:

(a) a proper braking system which can be applied by direct mechanical action whether or not any other device for applying the brakes is fitted,

(b) means for carrying and applying sand to the rails, provided that this provision shall apply to, and only to, a locomotive which is put into use for the first time in the mine on or after the day, which is twelve months after the day on which these Regulations came into operation,

(c) unless the locomotive cannot develop more than 24.64 metric horse power (25 rated brake horse power) and cannot on a level haulage road exceed a speed of 12.9 kilometres (8 miles) per hour, a speed indicator so placed as to be readily seen by the driver, provided that this provision shall apply to, and only to, a locomotive which is put into use for the first time in the mine on or after the day mentioned in paragraph (b),

(d) a headlight capable of showing any obstruction on the haulage road ahead within 61 metres (200 feet) of the locomotive,

(e) an adequate audible warning signal,

(f) a suitable portable fire extinguisher,

(g) a seat for the driver, and such an arrangement of the controls as to enable the driver to simultaneously operate them and see ahead without leaning out of the locomotive, and

(h) in case the driver is not required to wear a cap lamp, a portable lamp for use in emergency.

10. A locomotive shall not be used where the gradient of the track exceeds one in fifteen.

11. (1) A locomotive shall not be used otherwise than on a track of rails--

(a) which is ballasted and, where necessary, drained,

(b) the weight per 0.91 metres (3 feet) of rail of which shall not be less than--

(i) in case no locomotives using the track exceeds 3556 kilograms (3½ tons) in weight--10.9 kilograms (24 pounds);

(ii) in any other case--18.14 kilograms (40 pounds) or 4.53 kilograms (10 pounds) plus 2.26 kilograms (5 pounds) per 1016 kilograms (1 ton) of the maximum axle weight of the heaviest locomotive using the trace, whichever is the greater,

(c) which is constructed so that--

(i) the distance between the centres of adjacent sleepers does not exceed 0.91 metres (3 feet), and

(ii) the rail joints are secured by suitable fishplates having at least four bolts, and

(d) the curves of which shall be of such radius as is safe, and in relation to which super-elevation or a check rail where necessary is provided.

12. A locomotive shall not be used on any track in relation to which, after allowing for swing of the locomotive and trucks, the clearances are less than the following:

(a) in relation to the roof of the mine or its support or any structure above the track--

(i) in case the locomotive is fitted with a covered cab--0.30 metres (1 foot),

(ii) in any other case--so much as to enable the driver safely to stand upright when driving the locomotive,

(b) on the side of the track on which refuge holes are provided --0.60 metres (2 feet),

(c) on the side of the track opposite to that mentioned in paragraph (b) of this Regulation--

(i) where there are not more than two tracks in the haulage road--0.30 metres (1 foot);

(ii) in any other case--0.60 metres (2 feet);

(d) between any two adjacent tracks in the haulage road (if there are more tracks than one)--so much as to afford a clearance of at least 0.30 metres (1 foot) between any locomotive or truck on one track and any locomotive or truck on the other track.

13. Without prejudice to the generality of section 39 of the Act the manager of a mine, immediately after the time of the making of transport rules within the meaning of that section, shall--

(a) cause notices to be posted and kept posted, at appropriate places specifying in respect of each haulage road the maximum load to be hauled by any locomotive and the maximum speed of any train,

(b) cause easily read warning notices, drawing attention to any necessary precautions, to be posted at conspicuous places in relation to the haulage road, and

(c) give to each locomotive driver directions in writing with respect to loads, speeds and all precautions necessary for safe running.

14. (1) The manager of a mine shall place each haulage road therein on which any locomotive is used in the charge of a competent person who he shall appoint in writing.

(2) At least once in every twenty-four hours each such road shall be inspected by, or under the supervision of, the person appointed under paragraph (1) of this Regulation and the inspection shall be made having regard in particular to--

(a) clearances and freedom from obstruction,

(b) the state of the track,

(c) the state of the roof and sides of the mine,

(d) the state of ventilation, and

(e) general safety.

(3) A true report of every inspection made in pursuance of this Regulation shall be entered and signed forthwith by the person making the inspection in a book which shall be in the form specified in Part I of the Schedule to these Regulations. The said book shall be provided by the owner of the mine and shall be kept readily available at the mine.

15. (1) Once in every twenty-four hours a locomotive shall be examined externally by a competent person who the manager of the mine shall appoint in writing.

(2) At least once in every seven days a locomotive shall be examined by a competent person so appointed who when examining the locomotive shall ensure that--

(a) every part requiring to be cleaned is properly cleaned, and

(b) the locomotive is in all respects in proper working order.

(3) A true report of every examination made in pursuance of this Regulation shall be entered and signed forthwith by the person making the examination in a book which shall be in form specified in Part II of the Schedule to these Regulations. The said book shall be provided by the owner of the mine and shall be kept readily available at the mine.

16. (1) Once in every seven days the braking system of a locomotive shall be examined and tested by a competent person who the manager of the mine shall appoint in writing and the person when testing the braking system shall apply the brakes as follows:

(a) while the locomotive is moving apply them by direct mechanical action and by each of the other means provided, and

(b) while the locomotive is stationary with the engine stopped apply them by any means provided, other than direct mechanical action, and keep them so applied for a period of at least ten minutes.

(2) In case any repairs or adjustments to the braking system of any locomotive are made as a result of an examination and test under the foregoing paragraph or otherwise, immediately after the repair and adjustments are completed the braking system shall be examined and tested in accordance with the provisions of that paragraph.

(3) A true report of every examination and test made in pursuance of this Regulation shall be entered and signed forthwith by the person making the examination and test in a book which shall be in the form specified in Part III of the Schedule to these Regulations. The said book shall be provided by the owner of the mine and shall be kept readily available at the mine.

17. A locomotive shall not be used in a mine if--

(a) it is not maintained in proper working order,

(b) it has any defect liable to affect its safe running, and

(c) it is not replenished with all necessary oil and consumable stores.

18. (1) A locomotive shall not be operated, except for repairs, or tests, otherwise than by a person appointed in writing by the manager of the mine to operate locomotives (in these Regulations referred to as an appointed driver) and, in case the locomotive is used for haulage of persons it shall be operated by an appointed driver who is not less than twenty-one years of age.

(2) A manager shall not appoint any person to be an appointed driver unless the person is the holder of a certificate certifying that he is competent to operate without supervision a locomotive of the type in question, and such certificate shall be issued by the manager of the mine or by a person responsible for the training of persons in such operations.

19. (1) Except during shunting operations--

(a) a locomotive shall not be used in any mine of coal or other stratified mineral to move a truck otherwise than by pulling the truck,

(b) where a locomotive is used in any mine, other than a mine of coal or other stratified mineral, to move a truck otherwise than by pulling the truck, a white light visible at a distance of two hundred feet shall be attached to the front of the truck or, if there is more than one, the front of the leading truck,

(c) a truck in any mine containing timber or other material exceeding in length the length of the truck shall be coupled neither to the locomotive nor to any truck in which any person is being conveyed.

(2) A red light visible at a distance of two hundred feet shall be attached at the rear of each train in a mine and at the rear of each light locomotive.

20. A person shall not be on any locomotive when it is in motion, except with the written permission of the manager, unless the person is

(a) an appointed driver, or

(b) a person engaged in shunting operations for which the locomotive is at the time being used, or

(c) a person appointed to accompany and have charge of a train drawn by the locomotive, or

(d) a person who is repairing or testing the locomotive.

21. In case a locomotive is in a place other than the place where it is housed when not in use, the authorized driver who is for the time being in charge of the locomotive shall not leave it unattended unless he has ensured that it cannot be set in motion by any unauthorized person.

22. Any protective device fitted to an exhaust opening of a diesel locomotive's engine shall, whenever necessary, be thoroughly cleaned, or replaced by a like device in a clean condition and, subject to the foregoing, shall be thoroughly cleaned or so replaced once in every period of twenty-four hours for which the engine has been run or every so often as may be specified in the manufacturers instructions relating to the device, whichever period is the shorter.

23. Every diesel locomotive shall, when not likely to be used in the next succeeding period of twenty-four hours, be housed in a suitable station (in these Regulations referred to as a housing station) which shall be--

(a) provided with not less than two means of egress for persons employed,

(b) ventilated by a through current of air sufficient to render any exhaust gas harmless while the engine is being run in the housing station,

(c) constructed of non-flammable material,

(d) when necessary, provided with a floor of smooth concrete,

(e) fitted with an inspection pit or other effective means of inspecting the locomotive from below, except where the servicing of the locomotive is carried out on the surface of the mine, and

(f) kept provided with suitable and sufficient fire-fighting apparatus which shall be readily accessible.

24. (1) A diesel locomotive shall not be replenished with fuel oil except at a station (in these Regulations referred to as a filling station) appointed for that purpose by the manager.

(2) The provisions of sub-paragraphs (a), (b), (c), (d), and (f) of Regulation 23 of these Regulations shall apply to a filling station as they apply to a housing station subject to the additional requirement that the floor of each filling station shall be provided with a sill, and each filling station shall be equipped so that the spilling of oil is, so far as practicable, prevented.

(3) Any oil spilt in a filling station shall forthwith be taken up with a non-flammable obsorbent which shall be deposited in a fireproof receptacle and as soon as practicable removed from the mine.

(4) A person shall not smoke, or use any light or lamp other than a locked safety lamp or an electric lamp adequately protected, in or within 9.14 metres (30 feet) of a filling station.

(5) Oil shall not be taken from any container in a filling station while any internal combustion engine is running in the filling station.

25. (1) Oil shall not be used for supplying motive power to any diesel locomotive which does not comply with the standard specified for Class A fuel in the "British Standard (Fuels for Oil Engines)" as published by the British Standards Institution.

(2) Oil for use as aforesaid shall not be taken below ground except in a suitable container which does not leak or by a system of piping from the surface approved by an inspector.

(3) Oil mentioned in paragraph (1) of this Regulation shall not at any time be stored below ground unless--

(a) it is, until transfer into the tanks of a locomotive, stored in a filling station in a suitable container which does not leak, and

(b) the quantity thereof does not at any time exceed the quantity which in addition to any oil then in the tanks of the locomotives for which it has been brought below ground will, due to the normal user of those locomotives, be consumed within the forty-eight hours next following.

26. A notice specifying the requirements of Regulations 24 and 25 of these Regulations shall be posted and kept posted in a conspicuous place in each filling station and shall be in such characters and in such position as to be conveniently read by the persons employed in the station.

27. A diesel locomotive's engine shall not be allowed to run in a mine if gas from its exhaust is found to contain more than two parts of carbon monoxide or one part of oxides of nitrogen per thousand.

28. (1) A person who is for the time being in charge of a diesel locomotive in a mine shall not keep the engine running whenever the locomotive is stationary except--

(a) during brief halts while the locomotive is in use, or

(b) while the locomotive, its engine or any of its accessories is being tested.

(2) A diesel locomotive shall not be used in any place where there is not for the time being a current of air sufficient to render the gas from its exhaust harmless.

(3) Where in any place in a mine in which diesel locomotives are in use there is found in the air a concentration of carbon monoxide greater than fifty parts per million the following provisions shall apply;

(a) in case the concentration is greater than one hundred parts per million, the operation of every diesel locomotive in or near the place shall be discontinued until it is determined that the concentration of carbon monoxide in the air in the place does not exceed fifty parts per million, and

(b) in any other case, immediate steps shall be taken to disperse the concentration.

29. (1) At least once in every three months a sample of the gas from the exhaust of each diesel locomotive in use in a mine shall be taken and tested and such sample shall be taken while the engine is being run both at maximum speed on full load and at normal idling speed on no load.

(2) A sample of the air at each appointed place shall be taken and tested at least once in every month.

(3) Particulars of the tests of each sample of air or gas taken in pursuance of this Regulation shall be recorded in a book in the form set out in Part IV of the Schedule to these Regulations. The said book shall be provided by the owner of the mine and kept readily available at the mine.

(4) If an inspector so requires the manager of a mine shall vary any appointed place or appoint one or more additional appointed places, and there shall be sufficient appointed places in every mine to ensure the detection of any harmful concentration in the air in any place in the mine where any diesel locomotive is used.

(5) In this Regulation "appointed place" means a place in a mine appointed by the Manager thereof to be an appointed place for the purposes of this Regulation.

30. The control lever of every storage battery locomotive shall be constructed and maintained so that it cannot be removed or accidentally moved when the power is on.

31. (1) A person shall neither charge nor change any battery of a storage battery locomotive except at a place appointed for that purpose by the manager of a mine.

(2) Every place so appointed for charging batteries (in these Regulations referred to as a charging station) shall comply with the following requirements;

(a) the charging apparatus in the charging station shall be located between the ventilation intake and the battery racks, and

(b) adequate ventilation shall be supplied to ensure that the gases from a battery are sufficiently diffused to prevent the accumulation of an explosive mixture in the mine.

(3) Every charging station shall be--

(a) constructed of non-flammable material,

(b) provided with suitable and sufficient fire-fighting apparatus,

(c) equipped so that spillage of water or electrolyte is minimized.

(4) Any person spilling water or electrolyte in a charging station shall immediately cause it to be wiped up.

(5) No person shall smoke or use any lamp or light, other than a locked safety lamp or an electric lamp adequately protected, in or within 9.14 metres (30 feet) of a charging station.

(6) Notices specifying the requirements of paragraphs (1), (4) and (5) of this Regulation shall be posted and kept posted in a conspicuous place and shall be in such characters and in such position as to be conveniently read by the persons employed in or near a charging station.

32. The following are hereby revoked:

(a) the Coal Mines (Diesel Locomotives) General Regulations, 1952 ( S.I. No. 3 of 1952 ); and

(b) Regulation 28 of the Metalliferous Mines (General) Regulations, 1956 ( S.I. No. 273 of 1956 ).

Regulation 14.

SCHEDULE.

PART I.

MINES & QUARRIES ACT, 1965.

The Mines (Locomotives) Regulations, 1971.

BOOK FOR RECORDS OF DAILY INSPECTIONS OF LOCOMOTIVE HAULAGE ROADS.

PART I --CONTINUE

REPORT OF DAILY INSPECTION OF.............LOCOMOTIVE HAULAGE ROAD

Regulation 15.

PART II.

MINES & QUARRIES ACT, 1965.

THE MINES (LOCOMOTIVES) REGULATIONS, 1971.

BOOK FOR REPORTS OF EXTERNAL EXAMINATIONS OF LOCOMOTIVES (SECTION I)

AND

REPORTS OF WEEKLY THOROUGH EXAMINATIONS AND TESTS OF MECHANICAL AND ELECTRICAL PARTS OF LOCOMOTIVES (SECTION 2)

M & Q Form No. 108.

PART II --continued

SECTION I.

PART II--continued

SECTION 2.

REPORT OF WEEKLY THOROUGH EXAMINATION AND TESTING OF THE MECHANICAL AND ELECTRICAL PARTS OF LOCOMOTIVE NO. ........................ TYPE ..........................................

I hereby certify that I have today thoroughly examined and tested the locomotive specified above; that I have ensured that all parts requiring to be cleaned have been properly cleaned; that it is in all respects in proper working order and that the following is a full and accurate report of the result of my examination and testing.

*RESULT OF EXAMINATION.

Regulation 16.

PART III.

MINES & QUARRIES ACT, 1965

The Mines (Locomotives) Regulations, 1971

BOOK FOR REPORTS OF THOROUGH EXAMINATIONS AND TESTS OF LOCOMOTIVE BRAKES

M & Form No. 109

PART III--continued

REPORT OF

*WEEKLY THOROUGH EXAMINATION AND TEST OF BRAKES OF LOCOMOTIVE NO. ............................TYPE ....................................................

†THOROUGH EXAMINATION AND TEST, AFTER REPAIR OR ADJUSTMENT OF BRAKING SYSTEM, OF BRAKES OF LOCOMOTIVE NO. ............................................................  TYPE ...............................................

I hereby certify that I have today thoroughly examined and tested the braking system of the locomotive specified above and that the test included:

(a) the application of the brakes by direct mechanical action and by any other means provided, the locomotive being in motion at the time of such application;

(b) the application of the brakes for a period of ten minutes by any means provided other than direct mechanical action, the locomotive at the time of such application being stationary with the engine stopped;

and that the following is a full and accurate record of the results of such examination and tests.

PART IV.

MINES & QUARRIES ACT, 1965.

The Mines (Locomotives) Regulations, 1971.

BOOK FOR RECORD OF TESTS OF EXHAUST GASES OF DIESEL ENGINES (SECTION I)

and

TESTS OF AIR SAMPLED AT APPOINTED PLACES (SECTION II)

M & Q Form No. 110.

PART IV--continued

SECTION I

RECORD OF TESTS OF EXHAUST CASE

PART IV--continued

SECTION 2

RECORD OF TESTS OF AIR SAMPLED AT APPOINTED PLACE

GIVEN under my Official Seal, this 19th day of August, 1971.

JOSEPH BRENNAN,

Minister for Labour.

EXPLANATORY NOTE.

The regulations provide for the type of locomotives to be used in mines, their operation and maintenance. They further prescribe the duties of mine managers, locomotive drivers and other mine workers in ensuring the safety of persons concerned with use of these vehicles.