S.I. No. 153/1973:

MINES (MECHANICALLY PROPELLED VEHICLES) REGULATIONS, 1973.

MINES (MECHANICALLY PROPELLED VEHICLES) REGULATIONS, 1973.

ARRANGEMENT OF SECTIONS

PART I.

PRELIMINARY AND GENERAL.

Regulation

1. Short Title.

2. Commencement.

3. Interpretation.

4. Application.

5. Exemption.

PART 11.

ROADS.

6. Gradients.

7. Road Surfaces.

8. Roadway Clearances.

9. Notices.

10. Inspection of Roadways.

11. Suppression of Dust.

12. Refuge Holes.

PART III

DESIGN, CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES.

13-15. Construction and Equipment of Vehicles.

16-19. Inspection and Maintenance of Vehicles.

PART IV.

APPOINTMENT OF DRIVERS.

20-21. Appointment of Drivers and Authorised Persons.

PART V.

DIESEL ENGINES.

22. Service Stations.

23. Filling Stations.

24. Fuel Oil.

25. Posting of Notices.

26. Exhaust Gases.

27. Prohibition on the Use of Vehicles.

28. Exhaust Gas and Air--Testing of Samples.

PART VI.

BATTERY ENGINES.

29. Control Levers--Construction and Maintenance.

30. Charging and Changing of Batteries.

PART VII.

TRANSPORT OF PERSONS.

31-32. Restriction on Number of Passengers.

33-34. Precautions for Safety of Passengers.

SCHEDULE.

S.I. No. 153 of 1973.

MINES (MECHANICALLY PROPELLED VEHICLES) REGULATIONS, 1973.

I, MICHAEL O'LEARY, Minister for Labour in exercise of the powers conferred on me by sections 18, 41, 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 the Act relating to the procedure for making general regulations, hereby make the following regulations:

PART I. PRELIMINARY AND GENERAL.

1. These Regulations may be cited as the Mines (Mechanically Propelled Vehicles) Regulations, 1973.

2. These Regulations shall come into operation on the 1st day of July, 1973.

3. In these Regulations--

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

"maintained" except in Regulation 29 of these Regulations means maintained in an efficient state, in efficient working order and in good repair;

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

"mechanically propelled vehicle" means a mechanically propelled vehicle (including mechanically driven mobile plant for the loading, transporting or haulage of minerals or materials or the carriage of persons) which forms part of the equipment in a mine and is not--

(a) a vehicle intended or adapted for use on rails or a ropeway, or

(b) a vehicle constructed or adapted for use only while under the control of a pedestrian;

"the Minister" means the Minister for Labour;

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

"road" means a road below ground level in a mine and on which mechanically propelled vehicles are used;

"storage battery vehicle" has the meaning assigned to it by Regulation 14 of these Regulations.

4. These Regulations (other than Regulations 21, 22 and 23) in so far as they apply to mechanically propelled vehicles, shall only apply to such vehicles when used below ground in a mine.

5. The Minister or an inspector may, by notice served on the owner, exempt any mine 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 in consequence of the granting of the exemption.

PART II. ROADS.

6. A mechanically propelled vehicle shall not be used on any road where the gradient of any length of the road exceeds the maximum gradient and relative length specified by the manufacturer of such vehicle.

7. The manager of every mine shall take all practicable steps to ensure that the surface of every permanent road, and as far as is practicable, the surface of every temporary face road, on which mechanically propelled vehicles travel shall be maintained throughout its length both in an even non-skid condition and with a camber which is both suitable and sufficient to prevent danger.

8. A mechanically propelled vehicle shall not be used in any road in relation to which, after allowing for any swing of the vehicle, the clearances are less than the following:

(a) in relation to the roof of the road or its support or any structure above the floor of the road,

(i) in case the vehicle is fitted with a covered cab, 0.46 metres (1½ feet),

(ii) in any other case, such clearance as is sufficient to ensure that whenever the driver is seated in the driving seat the clearance above his head is at least 0.61 metres (2 feet).

(b) in relation to,

(i) the edge of the road which in relation to the position of the mechanically propelled vehicle is for the time being the nearer edge of the road or its support, or

(ii) any structure on that side of the road, or

(iii) any kerbed footway,

and the adjacent side of the vehicle when the vehicle is in the middle of that portion of the road reserved for vehicular traffic, 0.61 metres (2 feet).

9. 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 the following notices to be posted and kept posted,

(i) in the case of a mechanically propelled vehicle, a notice on that vehicle placed so as to be easily read by the driver of the vehicle and specifying the maximum load which may be hauled in the vehicle and the maximum number of persons (if any) which may be carried on the vehicle, in addition to the driver, and the maximum permitted speed of the vehicle.

(ii) in any other case a notice in the appropriate places specifying in respect of each haulage road the maximum load which may be hauled by any mechanically propelled vehicle, the maximum number of persons which may be carried, and the maximum permitted speed of any such vehicle,

(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) cause to be given to each appointed driver directions in writing with respect to loads, speeds and all precautions necessary for safe running.

10. (1) The manager of a mine shall in relation to every road appoint a competent person to be in charge thereof and the appointment shall be 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) clearance and freedom from obstruction,

(b) the state of the surface of the road,

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

(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 and shall contain the particulars 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.

11. On every road effective provision shall be made for suppressing, as far as practicable, any dust created by mechanically propelled vehicles using the road.

12. (1) Subject to paragraph (4) of this regulation, the manager of a mine shall take all practicable steps to ensure that no mechanically propelled vehicle is run in any length of road where any person, other than an official of the mine or the competent person appointed under Regulation 10 of these Regulations, is allowed to work or pass on foot while vehicles are in motion, unless refuge holes in which at least two persons can take refuge are provided in the sides of the roads in the length at intervals of not more than 91.44 metres (300 feet).

(2) Every refuge hole provided pursuant to paragraph (1) of this regulation shall be--

(a) not less than 0·91 metres (3 feet) in width and not less than 1.22 metres (4 feet) in depth,

(b) not less than 1.83 metres (6 feet) in height,

(c) where the road is on a curve, provided on the outer side of the curve,

(d) in case it is necessary to make the refuge hole readily visible be kept dressed with whitewash or other suitable material both inside and for a distance of not less than 0.30 metres (1 foot) round the aperture, and

(e) kept clean.

(3) Nothing shall be placed in, or across the entrance to, any refuge hole provided pursuant to this regulation so as to impede ingress.

(4) Paragraph (1) of this regulation shall not apply in relation to any part of a road which is within 22·86 metres (75 feet) of the working face.

PART III. DESIGN, CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES.

13. Every mechanically propelled vehicle in which the motive power is generated by an internal combustion engine shall be constructed so that air entering the engine is cleaned, the exhaust gases are cooled (where necessary) and diluted and the emission of flame or sparks from the vehicle is prevented.

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

15. Every mechanically propelled vehicle shall be provided with each of the following:

(a) an efficient braking system;

(b) in case the vehicle can, on a level road, exceed a speed of 12.9 kilometres (8 miles) per hour a speed indicator placed so as to be readily seen by the driver, provided that this provision shall apply to, and only to, a vehicle 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 come into operation;

(c) a means for giving an adequate audible warning signal;

(d) a suitable type of portable fire extinguisher;

(e) a headlight capable of showing any obstruction on the haulage road ahead within 61 metres (200 feet) of the vehicle;

(f) an efficient tail light;

(g) in case the driver is not required to wear a cap lamp a portable lamp for use in emergency;

(h) in the case of a tractor vehicle the unladen weight of which does not exceed 7,366 kilogrammes (7¼ tons) a safety frame of the type which is capable of satisfying the test for safety frames set out as an Optional Test (15) Safety Cabs and Frames, in the Standard Code for the Official Testing of Agricultural Tractors published by the Organisation for Economic Co-operation and Development in OECD Document C (66) 135 (Final) of 30 January, 1967, annexed to No. 79 Documentation 1966 Series in Agriculture and Food. The safety frame shall both be fitted to the tractor vehicle and maintained so as to afford the protection for which it is designed. For, and only for, the period of five years beginning of the day on which these Regulations come into operation, the requirement of this sub-paragraph shall not apply to a vehicle which was in use at a mine before that day.

16. (1) Once in every twenty-four hours each mechanically propelled vehicle 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 each mechanically propelled vehicle shall be examined by a competent person so appointed who when examining the vehicle shall ensure that--

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

(b) the vehicle 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 the 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.

17. (1) Once in every seven days the braking system of each mechanically propelled vehicle in a mine 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 vehicle is moving apply them by direct mechanical action or by any other means provided, and

(b) while the vehicle 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 vehicle 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.

18. A mechanically propelled vehicle shall not be used in a mine if it is not properly maintained.

19. Any protective device fitted to an exhaust opening of a diesel engine of a mechanically propelled vehicle shall be thoroughly cleaned, or replaced by a like device in clean condition, whenever necessary, and in any event not less often than once in every period of twenty-four hours for which the engine has been run or if, in relation to any specified device, the manufacturer has specified a period in that regard, not less often than once in every period so specified.

PART IV. APPOINTMENT OF DRIVERS.

20. (1) The Manager of a mine shall take all practicable steps to ensure that--

(a) all persons employed at the mine and in control of mechanically propelled vehicles are appointed by him for that purpose in writing, and every such appointment shall be in the form and shall contain the particulars specified in Part IV of the Schedule to these Regulations and shall state the types or classes of vehicles to which the appointment relates;

(b) no person who is under the age of eighteen years is permitted to be in control of any mechanically propelled vehicle; and

(c) no person who is under the age of twenty-one years is permitted to be in control of any mechanically propelled vehicle used for the carriage of persons.

(2) The manager of a mine shall take all practicable steps to ensure that no person is permitted to be in charge of a mechanically propelled vehicle unless he has been adequately trained by a skilled person in the safe and correct use of such vehicle (or a vehicle of a similar type or class) and any associated equipment, and is certified in writing by the manager to be competent to drive the vehicle without supervision; provided that it shall be permissible for a mechanically propelled vehicle to be controlled by any person, who for the purpose of receiving training, is under the supervision of a skilled driver.

21. A person employed in a mine shall not be on any mechanically propelled vehicle (other than a passenger-conveying vehicle) when it is in motion unless the person is--

(a) an appointed driver,

(b) a person who is repairing or testing the vehicle, or

(c) a person duly authorised by an official of the mine to accompany the driver.

PART V. DIESEL ENGINES.

22. Every mechanically propelled vehicle powered by a diesel engine shall, when being serviced underground in a mine, be housed in a suitable station (in these Regulations referred to as a service 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 service station,

(c) constructed of non-flammable material,

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

(e) fitted with an inspection pit or other effective means of inspecting the vehicle from below,

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

(g) kept in a clean condition and free from obstruction, and

(h) provided with suitable non-flammable containers for the collection and transport to the surface of waste material.

23. (1) The fuel tanks of a mechanically propelled vehicle shall be filled only at a permanent filling station unless the vehicle is of a class approved by an inspector for filling by a special mobile filling truck at a temporary filling station in which case it may be so filled at a temporary filling station. Every temporary filling station shall be appointed by the manager.

(2) The provisions of subparagraph (a), (b), (c), (d), and (f) of Regulation 22 of these Regulations shall apply to a permanent filling station as they apply to a service station, subject to the additional requirements that the floor of each permanent 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 or service station shall forthwith be taken up with a non-flammable absorbent 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.

24. (1) Oil shall not be used for supplying motive power to any diesel engine of a mechanically propelled vehicle which does not comply with the standard specified for Class A1 fuels in the "British Standard (Fuels for Oil Engines)" as published by the British Standards Institution.

(2) Oil for use as aforesaid shall only be taken below ground, either 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 vehicle, 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 vehicle for which it has been brought below ground, will, due to the normal user of those vehicles, be consumed within the seventy-two hours next following.

25. A notice specifying the requirements of Regulation 23 and 24 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.

26. A diesel engine of a mechanically propelled vehicle shall not be allowed to run below ground 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.

27. (1) A person who is for the time being in charge of a mechanically propelled vehicle powered by a diesel engine shall not keep the engine running whenever the vehicle is stationary in the mine except--

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

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

(2) A vehicle referred to in paragraph 1 of this regulation 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 below ground in a mine in which diesel vehicles referred to in paragraph (1) of this regulation 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 vehicle 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.

28. (1) At least once in every three months a sample of the gas from the exhaust of each diesel engine of a mechanically propelled vehicle in use below ground in the 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 test of each sample of air or gas taken in pursuance of this regulation shall be recorded in a book in the form, and shall contain the particulars specified in Part V 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 vehicle is used.

(5) In this regulation "appointed place" means a place below ground in a mine appointed by the manager thereof to be an appointed place for the purposes of this regulation.

PART VI STORAGE BATTERY ENGINES

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

30. (1) A person shall neither charge nor change any battery of a mechanically propelled storage battery vehicle in use below ground in a mine except at a place appointed for that purpose by the manager.

(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, and

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

(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.

PART VII TRANSPORT OF PERSONS

31. At no time shall more than three persons, including the driver, ride in the driving cab of any mechanically propelled vehicle.

32. As respects a mechanically propelled vehicle used below ground in a mine, not more than the number of persons specified in a notice posted in the vehicle shall ride at one time and all such persons shall be seated while the vehicle is in motion. The vehicle shall not be loaded with any mineral or bulky material while passengers are being carried.

33. When any mechanically propelled vehicle is being used for the conveyance of persons it shall not pass another mechanically propelled vehicle on the same road except at a pass-bye specified by the manager for the purpose.

34. A mechanically propelled vehicle shall not be used for the conveyance of persons other than in the cab unless it is provided with adequate exits without doors, and sufficient safety bars or handrails to ensue the safety of the passengers.

Regulation 10.

SCHEDULE.

PART I.

MINES AND QUARRIES ACT, 1965 .

The Mines (Mechanically Propelled Vehicles) Regulations, 1973.

BOOK FOR RECORDS OF DAILY INSPECTIONS OF VEHICLE HAULAGE ROADS.

I hereby certify that I have today inspected or supervised the inspection of the above-named road and that the following is a full and accurate report of its condition.

*This column need not be completed if the whole of the road was inspected by the person in charge of it. If different persons inspected different lengths of the road, this should be indicated.

PART II.

MINES AND QUARRIES ACT, 1965 .

THE MINES (MECHANICALLY PROPELLED VEHICLES) REGULATIONS, 1973.

Regulation 16.

BOOK FOR REPORTS OF EXTERNAL EXAMINATIONS OF VEHICLES

Regulation 17.

AND REPORT OF WEEKLY THOROUGH EXAMINATIONS AND TESTS OF MECHANICAL AND ELECTRICAL PARTS OF VEHICLES.

*RESULT OF EXAMINATION

* Give brief particulars of any fault observed, and of action taken to rectify it.

Regulation 17

PART III.

MINES AND QUARRIES ACT, 1965 .

THE MINES (MECHANICALLY PROPELLED VEHICLES) REGULATIONS, 1973.

BOOK FOR REPORTS OF THOROUGH EXAMINATIONS AND TESTS OF VEHICLE BRAKES.

*Delete as necessary.

Regulation 20

PART IV.

MINES AND QUARRIES ACT, 1965 .

The Mines (Mechanically Propelled Vehicles) Regulations, 1973.

BOOK FOR RECORD OF CERTIFICATES OF AUTHORISATION.

Notes:

(a) Insert full name and address.

(b) Insert nature of intended employment.

(c) Insert precise scope of duties.

Regulation 28

PART V.

MINES AND QUARRIES ACT, 1965 .

The Mines (Mechanically Propelled Vehicles) Regulations, 1973.

BOOK FOR RECORD OF

ANALYSES OF EXHAUST GASES OF DIESEL ENGINES (SECTION 1)

and

ANALYSES OF AIR SAMPLED AT APPOINTED PLACES (SECTION 2)

Part V (continued).

Regulations 28 (1)

RECORD OF TESTS OF EXHAUST GASES.

PART V (continued)

Regulation 28 (2)

RECORD OF TESTS OF AIR SAMPLED AT PLACES.

GIVEN under my Official Seal, this 13th day of June, 1973.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

These regulations prescribe the safety precautions which must be taken in relation to the design, construction, maintenance, servicing and operation of mechanically propelled vehicles in mines.