13 NCAC 07F .0705          SURFACE TRANSPORTATION OF EXPLOSIVES

Additions and amendments to 29 CFR 1926.902 Surface Transportation of Explosives apply throughout the Rules in this Section as follows:

(a)           Surface transportation of explosives and blasting agents shall be in accordance with applicable U.S. Department of Transportation (hereafter, DOT) regulations.  Where DOT regulations do not normally apply (e.g., off-road vehicles), compliance shall be in accordance with either the directly related DOT regulation or 1926.902(b) through 1926.902(1), as applicable.  Where DOT regulations do not exist, 1926.902(b) through 1926.902(l) apply.

(b)           Motor vehicles or conveyances transporting explosives shall only be driven by, and be in the charge of, a licensed driver.  The driver shall be familiar with the local, State, and Federal regulations governing the transportation of explosives.

(d)           Explosives, blasting agents, and blasting supplies shall not be transported with other materials or cargoes. Blasting caps and detonators shall not be transported in the same vehicle with other explosives unless the provisions of the IME Safety Publication No. 22, "Recommendations for the Safe Transportation of Detonators in a Vehicle with other Explosive Materials," which is incorporated herein by reference including subsequent amendments and editions, are followed.

(f)            When explosives are transported by a vehicle with an open body, an ATF Type 2, ATF Type 3, IME 22 or original manufacturer's container shall be securely attached to the vehicle to contain the cargo.

(h)           Every motor vehicle or conveyance used for transporting explosives shall be marked or placarded on both sides, the front, and the rear with the word "Explosives" in red letters, not less than 4 inches in height, on white background.  The motor vehicle or conveyance may also display, in such a manner that it will be readily visible from all directions, a red flag 18 inches by 30 inches, with the word "Explosives" painted, stamped, or sewed thereon, in white letters, at least 6 inches in height.

(i)            Each vehicle used for transportation of explosives shall be equipped with a fully charged fire extinguisher, in good condition (as described in 29 CFR 1926.150).  An extinguisher, approved by a nationally recognized testing laboratory, of not less than 10-ABC rating will meet the minimum requirement.  The driver shall be trained in the use of the extinguisher on the vehicle.

(j)            Motor vehicles or conveyances carrying explosives or blasting agents, shall not be taken inside a garage or shop for repairs or servicing.

(l)            In order to prevent explosives hazards, explosive materials shall be transported to the storage or blast site without delay.

History Note:        Authority G.S. 95-131;

Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.