Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:100 - Surface transportation of explosives

Current through Register Vol. 51, No. 1, July 1, 2024
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. 171.1-179.500-18, 390.1-397.225
NECESSITY, FUNCTION, 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 as
			 explosives.
(5) Explosives or
			 blasting agents shall be transported in separate vehicles from detonators
			 unless:
(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
			 explosives.
(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.
(13) 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.