CHAPTER 453 - RAILWAYS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Zambia Railways (Breath Test Device) Regulations

Zambia Railways (Compensation) Rules

Railways (Inquiries into Accidents) Regulations

Railways By-laws

Railways (Railway Permits) Regulations

Zambia Railways (Handling and Transportation of Explosives and other Dangerous Goods) Regulations

RAILWAYS (BREATH TEST DEVICE) REGULATIONS

[Section 91]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Approval of device for breath test

      SCHEDULE

SI 7 of 1972.

[Regulations by the Minister]

 

1.   Title

These Regulations may be cited as the Zambia Railways (Breath Test Device) Regulations.

 

2.   Approval of device for breath test

For the purpose of obtaining an indication of the proportion of alcohol in a person’s blood on a specimen of breath provided by that person, the use of the device set out in the Schedule is hereby approved.

SCHEDULE

[Regulation 2]

Alcotest (R) 80 Breath Test Device, manufactured by Dreager Normalair Ltd., Blyth, Northumberland, England.

RAILWAYS (COMPENSATION) RULES

[Section 18]

Arrangement of Rules

   Rule

   1.   Title

   2.   Petition

   3.   Particulars of petition

   4.   Copy of petition to be served on Board

   5.   Date for hearing

   6.   Applicant may adduce evidence

   7.   Board may adduce evidence

   8.   Board may file answer to petition

   9.   Evidence by affidavit

   10.   Adjournment

SI 385 of 1968.

[Rules by the Chief Justice]

 

1.   Title

These Rules may be cited as the Zambia Railways (Compensation) Rules.

 

2.   Petition

An application under section 18 of the Act shall be made by petition in writing filed in the Registry of the High Court.

 

3.   Particulars of petition

The petition shall be in numbered paragraphs and shall set out the name and address of the petitioner, the circumstances of the matter and the relief sought.

 

4.   Copy of petition to be served on Board

The applicant shall serve or cause to be served a copy of the petition on the company.

 

5.   Date for hearing

The High Court shall fix a date for hearing not being less than fourteen days from the date of filing and shall notify the applicant and the company.

 

6.   Applicant may adduce evidence

The applicant may appear in person or by a legal practitioner and may adduce evidence.

 

7.   Board may adduce evidence

The company may appear by a legal practitioner and may adduce evidence.

 

8.   Board may file answer to petition

The company may file an answer to the petition not later than two days before the date of hearing and in such case shall serve a copy of the answer on the petitioner on or before the date of hearing.

 

9.   Evidence by affidavit

The High Court may in its discretion receive evidence by affidavit in addition to or in substitution for oral evidence.

 

10.   Adjournment

The High Court may adjourn the hearing from time to time.

RAILWAYS (INQUIRIES INTO ACCIDENTS) REGULATIONS

[Section 41]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Boards of inquiry

   4.   Sittings of boards of inquiry

   5.   Legal representation of persons implicated

   6.   Legal representation of Government

   7.   Regulation of proceedings

   8.   Powers of boards of inquiry

   9.   Offences and penalties

Act 13 of 1994,

SI 305 of 1967.

[Regulations by the Minister]

 

1.   Title

These Regulations may be cited as the Railways (Inquiries into Accidents) Regulations.

 

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“Inspector” means a railway inspector or any person appointed by the Minister for the purposes of section 41 of the Act.

 

3.   Boards of inquiry

Whenever, under section 41 of the Act, the Minister orders an inquiry to be held into the circumstances of any accident referred to in section 40 of the Act, he may appoint an inspector, and every such inquiry shall be conducted by the inspector in accordance with the provisions of these Regulations.

 

4.   Sittings of boards of inquiry

Unless the Minister otherwise orders, the inspector or person appointed shall sit at such times and at such places as he may fix and he shall hold his inquiry in public:

Provided that the inspector or the person appointed shall be entitled to exclude the representatives of the press or any or all other persons if he considers it necessary to do so for the preservation of order or for the due conduct of the inquiry.

 

5.   Legal representation of persons implicated

Any person who is in any way implicated or concerned in any matter under inquiry by the inspector or person appointed shall be entitled to be represented by a legal practitioner at the whole of such inquiry, and any other person who may desire to be so represented may, by leave of the inspector or person appointed, be represented in the manner aforesaid.

 

6.   Legal representation of Government

The Government shall be entitled to be represented at any inquiry by the Attorney-General or such person as he may nominate in that behalf.

 

7.   Regulation of proceedings

The inspector or person appointed, in the discharge of any of his functions, shall not be bound by the rules of evidence or by the rules of procedure of any court or tribunal, but may conduct his proceedings in such manner as he may think proper and admit any evidence, written or oral, whether or not such evidence would be admissible in civil or criminal proceedings.

 

8.   Powers of boards of inquiry

The inspector or person appointed may—

      (a)   enter upon and inspect any land, building or place, and examine and make inquiry respecting the state and condition of any building, works, machinery, locomotive, rolling stock or other thing used, or intended for use, for or in connection with the carriage of passengers or goods by rail, where such entry, inspection, examination or inquiry appears to the board requisite or expedient for the purposes of its inquiry;

      (b)   require the attendance of any person, at such time and place as the inspector or person appointed may specify, to give evidence before him or to produce to him such books, plans or other documents as he may require for the purposes of the inquiry, and examine and make inquiry respecting any such books, plans or other documents;

      (c)   examine witnesses on oath, or affirmation, administered by the inquirer.

 

9.   Offences and penalties

If any person who is required by an inquirer to attend before the inquirer as a witness or to produce any book, plan or other documents—

      (a)   fails, without reasonable cause or excuse, to attend at the time and place specified by the inquirer

      (b)   refuses to be sworn or, having been sworn, refuses without sufficient cause, to answer or to answer fully and satisfactorily to the best of his knowledge and belief all questions put to him by the inquirer.

      (c)   refuses or omits, without sufficient cause, to produce any books, plans or documents in his possession or under his control;

he shall be guilty of an offence and liable upon conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

[Am by Act 13 of 1994.]

RAILWAYS BY-LAWS

[Section 89(4)]

Arrangement of By-Laws

   By-Law

   1.   Title

   2.   Application

   3.   Interpretation

   4.   Penalties

   5.   Loading, etc., of explosives

   6.   Marking, etc., of explosives

   7.   Smoking and lighting fires

   8.   Conveyance of explosives in train

   9.   Opening of packages of explosives

   10.   Travelling in trucks containing explosives

   11.   Goods deemed to be of a dangerous nature

   12.   Smoking and gambling

   13.   Damaging railway property

   14.   Travelling on roof, steps, etc.

   15.   Entering and leaving carriages

   16.   Conveyance of dogs, etc.

   17.   Vehicles on railway premises

   18.   Travelling with infectious or contagious disorder

   19.   Using unauthorised entrance to station

   20.   Accommodation for passengers

   21.   Conditions of carriage

   22.   Alighting from moving train or boarding moving train

   23.   Driving vehicle on platform

   24.   Shining of lights likely to confuse

   25.   Misuse of facilities for communication between passengers and railway officers

   26.   Hawking or peddling

 

[By-laws made under Section 3 of the Regulation of Railways Act, Chapter 755 of the Revised Edition, approved by the Minister and continued in force by virtue of Section 105(3) of the Cap. 361 Railways Act 1982]

Act 13 of 1994,

GN 189 of 1933,

GN 125 of 1935,

GN 70 of 1937,

GN 9 of 1939,

GN 172 of 1939,

GN 222 of 1941,

GN 11 of 1944,

GN 116 of 1944,

GN 264 of 1945,

GN 42 of 1946,

GN 234 of 1947,

GN 278 of 1947,

GN 104 of 1948,

GN 52 of 1949,

GN 93 of 1949,

GN 190 of 1949,

GN 124 of 1953,

GN 329 of 1956,

GN 34 of 1957,

GN 69 of 1958,

GN 279 of 1958,

GN 288 of 1959,

GN 145 of 1960,

GN 314 of 1961,

GN 104 of 1962,

GN 318 of 1962,

GN 319 of 1962,

GN 118 of 1963.

GN 497 of 1964,

SI 7 of 1966.

 

1.   Title

These By-laws may be cited as the Railways By-Laws.

 

2.   Application

These By-laws shall apply to all lines of railway in Zambia owned or operated by the Zambia Railways.

[Am by GN 70 of 1937.]

 

3.   Interpretation

In these By-laws, unless the context otherwise requires—

“dangerous goods” mean any of the following goods—

Acetone.

Acetone oils.

Ketone oils.

Benzole (from coal tar).

Naphtha, coal tar.

Toluol.

Xylol.

Naphtha, mineral, specific gravity not below 0.680.

Petroleum, specific gravity not below 0.680.

Benzine

Benzoline 

 

Carburine 

 

Motor car spirit 

From petroleum specific gravity not below 0.680. 

Petrol 

 

Enamel anti-fouling composition 

Benzine collas.

Collodion.

Xylonite solution.

Polishes, liquid, prestoline, shoe cement, and other articles partly composed of naphtha or other highly inflammable liquids.

Ether (sulphuric).

Ether chloride.

Gasoline.

Petroleum, ether or spirit.

Methylated spirit, exceeding 5 gallons.

Spirit of wine, exceeding 5 gallons.

Spirit varnish (made exclusively of wood or methylated spirit), exceeding 5 gallons.

Bisulphide of carbon.

Ammonia, solution of, specific gravity 0.880 to 0.891 (liquid ammoniae fortis), exceeding 10 gallons.

Sweet spirit of nitre, exceeding 5 gallons.

Wood spirit (vegetable or wood naphtha), exceeding 5 gallons.

Bromine.

Chloride of sulphur.

Hydrofluoric acid or fluoric acid.

Hydrochloric acid (also called muriatic acid or spirits of salts), exceeding 10 gallons.

Nitric acid or aqua fortis.

Oil of vitriol or sulphuric acid, except accumulator sulphuric acid not exceeding 1.215 specific gravity.

Sodium amalgam.

Sulphuric anhydride or sulphuric acid crystals.

Picric acid, except in bottles properly packed.

Phosphorus, except amorphous.

Calcium carbide or carbide of calcium, exceeding 10 lb.

Compressed atmospheric air 

In cyclinders 

Compressed oxygen 

Compressed or liquefied carbonic acid gas (carbon dioxide) 

Compressed coal gas 

Compressed hydrogen 

Liquefied anhydrous ammonia or compressed ammonia gas 

Liquefied or compressed nitrous oxide 

Liquefied or compressed sulphurous acid gas (sulphur dioxide) 

Liquefied oil gas 

Blougas 

Supropane 

Acetylene compressed into porous substances

Potassium cyanide.

Sheep and cattle dip.

Arsenite of soda.

Arsenic compounds.

Orthonitrotoluene.

Mirbane oil.

Tertiary amyl alcohol.

Paint thinners.

Insecticides having a flash point below 1501/4 F.

(Abel Test.)

Sodium cyanide.

Fuse lighters (fuse igniters or torches).

Nitro benzine.

Methyl acetone.

Amyl acetate.

Butyl acetate.

Methyl alcohol.

Butyl alcohol.

Amyl alcohol.

Diacetone alcohol.

Neosolve.

Ethyl alcohol.

Aeroplane dope.

Commercial toluol.

Trichloropropane.

Allyl chloride.

Allyl alcohol.

Methyl isobutyl ketone.

Epichlorohydrin.

Nitrate of ammonia.

Ethyl acetate.

Methyl bromide.

Antiblu.

Barium carbonate.

Hixonol P.

Hixonol W.

Tanalith C.

Triolith C.

Triolith Z.

Liquefied sodium hydroxide (caustic soda).

Radio-active substances.

Sodium hydroxide (caustic soda) in all its forms,but excluding solid sodium hydroxide when packed in sealed steel drums.

Hygeia dissolvent.

“Elkol” flake chemical.

Copper pentachlorophenate.

Dowicide.

Permatox.

Sodium pentachlorophenate.

Termaseal.

Woodlife anti-stain powder.

Barium chloride.

Isopropyl alcohol.

Isopropyl ether.

Isopropyl nitrate.

Butane;

“explosives” mean any of the following—

      (a)   gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate of mercury, or other metals, coloured fires, and every other substance, whether similar to those herein mentioned or not, which is used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect;

      (b)   any fuse, rocket, detonator, cartridge, and every adaptation and preparation of an explosive as herein defined;

      (c)   any other substance which the President may from time to time, by statutory notice, declare to be an explosive;

“railway officer” includes any person in the employ of the railways;

“railway premises” include any railway station and its approaches, shed, yard, building or land owned or occupied by the railways;

“railways” mean the lines of railway specified in by-law 2;

“safety cartridge” means a cartridge for small arms, the case of which can be extracted from the small arm after firing, and which is so closed as to prevent any explosion in one cartridge being communicated to another cartridge.

[Am by GN 125 of 1935; 70 of 1937; 9 of 1939; 172 of 1939; 222 of 1941; 11 of 1944; 116 of 1944; 264 of 1945; 42 of 1946; 234 of 1947; 278 of 1947; 104 of 1948; 52 of 1949; 190 of 1949; 124 of 1953; 34 of 1957; 69 of 1958; 279 of 1958; 288 of 1959; 145 of 1960; 104 of 1962; 118 of 1963; SI 7 of 1966.]

 

4.   Penalties

   (1) Any person who contravenes any of the provisions of by-laws 5 to 10, inclusive, shall be liable, on conviction, to a fine not exceeding six hundred penalty units and, in default of payment, to imprisonment with or without hard labour for a period not exceeding three months.

   (2) Any person who contravenes any of the provisions of by-law 13 shall be liable, on conviction, to a fine not exceeding three hundred penalty units and, in default of payment, to imprisonment with or without hard labour for a period not exceeding one month.

   (3) Any person who contravenes any of the provisions of by-laws 12, and 14 to 19, inclusive, shall be liable, on conviction, to a fine not exceeding sixty penalty units and, in default of payment, to imprisonment with or without hard labour for a period not exceeding seven days.

[Am by GN 318 of 1962; Act 13 of 1994.]

 

5.   Loading, etc., of explosives

   (1) No explosives or other dangerous goods shall be brought on to any railway premises, or be there loaded or unloaded, except between the hours of sunrise and sunset, and then only by permission of the stationmaster or officer in charge of the station at which it is proposed such goods shall be accepted, loaded or unloaded:

Provided that, where absolutely necessary, this by-law shall not prevent the removal at a station of a consignment of explosives between the hours of sunset and sunrise from a truck duly labelled and conveying explosives to a further point. Such consignment shall at the forwarding station be placed close to the doors of such truck, so as readily to admit of unloading and to obviate the necessity of any person entering the truck with a hand-lamp in search of the packages.

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   (2) For the purposes of this by-law, safety cartridges shall not be deemed to be explosives if deposited with the guard of the train by which the owner or person in charge of such cartridges is travelling.

 

6.   Marking, etc., of explosives

Every case or package containing explosives or other dangerous goods tendered for transport by rail shall bear the word “explosives” or “dangerous”, as the case may be, and shall be plainly and fully addressed to the consignee and the station to which they are to be transported, and the description of the contents of each package shall be written or printed in conspicuous characters on the outside of the outmost package containing the same; and all such explosives and other dangerous goods must be securely packed in strong, secure and sufficient packages, and the packages must be in good condition. Code marks, duly registered and approved by the railways, may be used to designate the name of the consignee and station to which the goods are to be transported:

Provided, however, that, in case of full truck loads from one consignor to one consignee at the station of destination, the name, address or code marks of the consignee need not appear on each package.

 

7.   Smoking and lighting fires

No person shall smoke in, or in the neighbourhood of, any vehicle or truck in which explosives or other dangerous goods are being transported, or on to or from which they are being loaded or unloaded, nor shall any fire be lit in the vicinity.

 

8.   Conveyance of explosives in train

   (1) No persons (other than police officers in charge of prisoners and specie escorts) shall convey or have in their possession in a train any loaded firearms, explosives or safety cartridges, with the exception of—

      (a)   Government Inspectors of Explosives, who may carry by passenger or mixed trains samples of explosives in such quantities as are reasonably necessary for the purpose of analysis, test and experiment; and

      (b)   a guard of any train conveying samples of explosives consigned to an Inspector of Explosives by an Inspector of Explosives, Customs or other authorised officer. Such samples shall be contained in a duly approved box or case, which must be kept separate from other traffic and specially handed over by the respective guards of such train.

   (2) For the purpose of this by-law, safety cartridges shall not be deemed to be explosives if deposited with the guard of the train by which the owner or person in charge of such cartridges is travelling.

 

9.   Opening of packages of explosives

No person other than a Government Inspector of Explosives, or some officer duly authorised by him to do so, shall open any case or package containing explosives in or upon any railway premises.

 

10.   Travelling in trucks containing explosives

No person, unless he is in possession of a written authority from a head or district officer of the railways, shall be allowed to travel in or upon a truck or other vehicle transporting explosives or other dangerous goods:

Provided that this by-law shall not apply to Government Inspectors of Explosives, railway officers or post office linesmen on duty.

 

11.   Goods deemed to be of a dangerous nature

Explosives and dangerous goods (as defined in by-law 3) and loaded firearms shall be deemed to be goods of a dangerous nature for the purposes of section 15 of the Regulation of Railways Act.

 

12.   Smoking and gambling

   (1) No person shall smoke in any shed or building or on any covered platform on railway premises, or in any carriage or compartment of a carriage reserved for non-smokers, nor gamble on railway premises or in any carriage.

   (2) Any person who persists in so offending, after being warned by any railway officer to desist, shall be liable, without prejudice to any other penalty, to be removed at the first opportunity from the railway premises or carriage by or under the direction of any such officer.

 

13.   Damaging railway property

No person shall wilfully, wantonly or maliciously break, cut, scratch, deface, remove, soil or damage in any way whatsoever any carriage, vehicle, building or thing upon the railways or any railway premises. Any person so offending shall, without prejudice to any other penalty, be liable for the amount of the damage done:

Provided that nothing contained in this by-law shall be deemed to exempt any person from liability under section 74 of the Act.

 

14.   Travelling on roof, steps, etc

No person, except a railway officer in the performance of his duty, shall mount on any railway engine or on the roof of any carriage or vehicle using the railway, or travel or attempt to travel on or in any luggage or guard’s van or other vehicle not provided for conveyance of passengers, or on the step or platform or footboard or any part of any carriage or vehicle, other than a part provided for the conveyance of passengers. Any person so offending shall be liable, without prejudice to any other penalty, to be removed at the first opportunity from the engine, carriage or vehicle by or under the direction of any railway officer.

 

15.   Entering and leaving carriages

No passenger shall enter or leave, or attempt to enter or leave, any carriage while such carriage is in motion, or elsewhere than at the side of the carriage adjoining the platform, or other place appointed for passengers to enter or leave the carriags.

 

16.   Conveyance of dogs, etc

No person shall take or cause to be taken any bird, dog or other animal into any passenger carriage.

 

17.   Vehicles on railway premises

Every driver or conductor of an omnibus, cab, carriage, cart or other vehicle shall, while in or upon any station yard or other premises of the railways, obey the reasonable directions of railway officers and servants and police officers and shall in addition duly observe and obey all traffic signs erected on railway premises.

[Am by GN 93 of 1949.]

 

18.   Travelling with infectious or contagious disorder

   (1) The railway may refuse to carry any person who has any infectious or contagious disorder. If any person who has any such disorder is found upon railway premises or attempts to travel on the railways without the special permission of a railway officer authorised in that behalf, he shall be liable, in addition to any other penalty, to the forfeiture of any fare which he may have paid, and may be removed at the first opportunity from the railway premises, and shall be liable to the railways for the cost of disinfecting the railway premises and any carriage in which he shall have been, and to make good any other damage to the property of the railways through the infraction or non-observance of this by-law.

   (2) Any person who has charge of any person so offending or who aids or assists any such person in so offending shall be deemed to offend against this by-law.

 

19.   Using unauthorised entrance to station

No person shall enter or leave a railway station by any but the authorised entrance or exit.

 

20.   Accommodation for passengers

   (1) Tickets are issued on the condition that, in case there shall not be room in the train for all the passengers to whom tickets have been issued, then, in so far as it may be reasonably practicable, those to whom tickets have been issued for the longer distance shall have the preference, and those to whom tickets have been issued for the same distance shall have priority according to the order in which tickets have been issued, as denoted by the consecutive numbers stamped thereon.

   (2) The railways will not, however, hold themselves responsible for such order of preference or priority being adhered to, but the fare, or the difference of fare, if a passenger travels by an ordinary train in a class of carriage inferior to that for which he has a ticket, shall be immediately returned, on application, to any passenger for whom there is not room as aforesaid, if the application be made before the departure of the train.

 

21.   Conditions of carriage

No passenger will be carried and no livestock, vehicle, pro-duce, explosive, goods, luggage or parcel will be received, carried or kept except under and in accordance with such conditions as may from time to time be set forth in the book of time-tables, local regulations, fares and rates of the railways published by the railways, and for the time being in force, or in the book of passenger, luggage, parcels, livestock, vehicle and other goods regulations, tariffs and classification published by the railways, and for the time being in force.

 

22.   Alighting from moving train or boarding moving train

Any person, other than a railway officer in the performance of his duty, who boards or alights from, or attempts to board or alight from, any train while such train is in motion shall be subjected to a fine not exceeding four thousand penalty units, or, in default of payment, to a term not exceeding seven days’ imprisonment with or without hard labour.

[Am by GN 222 of 1941; Act 13 of 1994.]

 

23.   Driving vehicle on platform

Any person who, without the authority of a railway officer or police officer, drives a motor car, motor cycle or any other vehicle, or who rides a bicycle or other cycle inside a station, on a station platform or in a railway subway, shall be subjected to a fine not exceeding sixty penalty units or, in default of payment, to a term not exceeding seven days’ imprisonment with or without hard labour.

[Am by GN 93 of 1949; Act 13 of 1994.]

 

24.   Shining of lights likely to confuse

Any person who, without lawful excuse, by shining or flashing a torch or other light, or by any other means whatsoever, shows any signal or apparent signal, which is likely to mislead or confuse the driver of, or the guard in charge of, a train shall be liable to a fine not exceeding one hundred and fifty penalty units, or, in default of payment thereof, to imprisonment for a period not exceeding one month.

[Am by GN 329 of 1956; Act 13 of 1994.]

 

25.   Misuse of facilities for communication between passengers and railway officers

Any person who, without reasonable and sufficient cause, makes use of or interferes with any means provided by the railways for communication between passengers and a railway officer in charge of or concerned in the running of a railway train shall be liable on conviction to a fine not exceeding one hundred and fifty penalty units, or, in default of payment thereof, to imprisonment with or without hard labour for a period not exceeding one month.

[Am by GN 314 of 1961; Act 13 of 1994.]

 

26.   Hawking or peddling

   (1) No person shall hawk or peddle foodstuffs or other goods on railway premises or on a train without the prior approval in writing of the General Manager.

   (2) In granting his approval the General Manager may impose on the applicant such conditions as he thinks necessary for the purpose of restricting the hours during which, the places at which and the trains on which hawking or peddling shall take place.

   (3) A person who, without the approval of the General Manager, hawks or peddles foodstuffs or other goods on railway premises or on a train shall be guilty of an offence and liable to a fine not exceeding four hundred and fifty penalty units, or, in default of payment, to imprisonment for a period not exceeding two months.

[Am by GN 319 of 1962; Act 13 of 1994.]

RAILWAYS (RAILWAY PERMITS) REGULATIONS

[Section 2]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Railway permits

   3.   Renewal of railway permit

   4.   Variation of railway permit

   5.   Submission of information

   6.   Duties of permit holder

   7.   Suspension and revocation of railway permit

   8.   Fees

      FIRST SCHEDULE

      SECOND SCHEDULE

Act 13 of 1994,

SI 87 of 1984,

SI 193 of 1996,

SI 94 of 2003.

[Regulations by the Minister]

 

1.   Title

These Regulations may be cited as the Railways (Railway Permits) Regulations.

 

2.   Railway permits

   (1) An application for a railway permit shall be made in Form RP1 set out in the First Schedule and shall be accompanied by the appropriate fee.

   (2) In respect of an application approved by him, the Minister shall, on payment of the appropriate fee, issue the permit in Form RP2 set out in the First Schedule.

 

3.   Renewal of railway permit

   (1) A person applying for renewal of a railway permit shall—

      (a)   sixty days before the expiry of the permit, notify the Minister in writing of his intention to renew his permit; and

      (b)   submit an application for renewal in Form RP3 set out in the First Schedule.

   (2) In respect of an application for renewal of a permit approved by him, the Minister shall, on payment of the appropriate fee, renew the permit.

 

4.   Variation of railway permit

   (1) An application for variation of a railway permit shall be made in Form RP4 set out in the First Schedule and shall be accompanied by the appropriate fee.

   (2) In respect of an application approved by him, the Minister shall, on payment of the appropriate fee, vary the conditions of the permit.

 

5.   Submission of information

A person applying for a permit, renewal or variation of a permit shall, on demand by the Minister, submit any financial, statistical and other information relating to his rail service.

 

6.   Duties of permit holder

Every permit holder shall—

      (a)   maintain an insurance policy for his rail service indemnifying him, his agents and servants from liability in respect of injury to third parties and damage to property;

      (b)   maintain and adequately repair the locomotives, rolling stock, coaches and other equipment used in his rail service; and

      (c)   submit on demand by the Minister, his financial statistics and any other information relating to his rail service.

 

7.   Suspension and revocation of railway permit

   (1) Subject to sub-regulation (2) the Minister may suspend or revoke a permit if the permit holder—

      (a)   has not complied with any of the conditions of his permit; and

      (b)   has contravened any of the provisions of these Regulations.

   (2) Thirty days before the suspension or revocation of a permit, the Minister shall give written notice of his intention and grounds therefor, and the permit holder to whom such notice has been given may make written representations to the Minister.

 

8.   Fees

The fees set out in the Second Schedule shall be payable in respect of the matters prescribed therein.

FIRST SCHEDULE

[Paragraphs 2, 3 and 4]

[First Sch subs by reg 2 of SI 88 of 2003.]

REPUBLIC OF ZAMBIA

FORM RP1

THE RAILWAYS (RAILWAY PERMITS) REGULATIONS, 1984

 

APPLICATION FOR A RAILWAY PERMIT

<FT:Verdana,SN>Regulation 2(1)]

 

Part 1: Particulars of the applicant

(a)      Full Name:---------------------------------------------------------

(b)      Address:------------------------------------------------------

(c)      Where applicant is a company (or Partnership)

      i. Country of registration:-------------------------------------

      ii Date of registration:----------------------------------------

      iii Place of registration:---------------------------------------

      iv. Public or Private:-------------------------------------------

      v. Capital:

         (a) Nominal:-------------------------------------

 

         (b) Paid up:--------------------------------------

      vi Name in full of each director and secretary, or partner

Surname

 

1.--------------

 

2.--------------

 

3.--------------

 

4.--------------

 

5.--------------

 

6.--------------

 

7.--------------

 

8.--------------

 

9.--------------

 

10.------------- 

Other names

 

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----------------

 

----------------

 

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----------------

 

----------------

 

----------------

 

----------------

 

----------------

 

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Nationality

 

----------------

 

----------------

 

----------------

 

----------------

 

----------------

 

----------------

 

----------------

 

----------------

 

----------------

 

---------------- 

Office

 

----------------

 

----------------

 

----------------

 

----------------

 

----------------

 

----------------

 

----------------

 

----------------

 

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(d)      Applicant’s Banker’s name and address

--------------------------------------------------------------

--------------------------------------------------------------

PART II: Particulars of rail service:

      (e)   Type of rail service to be provided*

      (i)   International scheduled passenger service

      (ii)    International scheduled freight service

      (iii)    International scheduled passenger and freight service

      (iv)    International charter passenger service

      (v)    International charter freight service

      (vi)    International charter passenger and freight service

      (vii)    Domestic scheduled passenger service

      (viii)    Domestic scheduled passenger and freight service

      (ix)   Domestic passenger and freight service

      (x)   Domestic railway train movement planning and control

      (xi)    Domestic railway infrastructure operation and maintenance

      (xii)    Other (specify) -------------------------------------------------------------

-------------------------------------------------------------

      (f)   What facilities will be provided for training of staff?

--------------------------------------------------------------

--------------------------------------------------------------

PART III

      (g)   If freight are to be provided what will be the: -

      (i)   Axle load limitation-

      (a)   for locomotives-----------------------------------------------

      (b)   for wagons---------------------------------------------------

      (ii)    Gross vehicles mass limitation:-

      (a)   for locomotives----------------------------------------------

      (b)   for wagons--------------------------------------------------

      (h)   Where will the workshops, depots of maintenance, etc, be located?

--------------------------------------------------------------

--------------------------------------------------------------

      (i)   Is it intended to lease any of the locomotives, rolling stock or coaches to/from any Railway Operators? Yes/No

      (j)   If yes, give details below-

Quantity 

Type of vehicle (Locomotive, passenger coach, freight wagon) 

Name of lessee/lesser 

Purpose of Lease 

 

 

 

 

 

      (k)   Give details of how the safety of all railway operations will be assured.

Applicant should submit two (2) copies of its documented safety Management system, which adequately demonstrates its capacity and commitment to conduct all railway-related operations in a safe manner and its commitment to improve safety performance. This document must be accompanied by a [five year] work programme and outline budget for safety-related expenditure. A fully detailed annual safety programme and budget must be submitted at the beginning of each year.

PART IV: Miscellaneous

      (l)   Give details below of any previous experience in railway operations

--------------------------------------------------------------

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--------------------------------------------------------------

   (m)   Any other relevant information:

--------------------------------------------------------------

--------------------------------------------------------------

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This form is completed by----------------------------

Designation:----------------------------------------------

Date:------------------------------------------------------

FOR OFFICIAL USE ONLY 

 

MINISTRY OF COMMUNICATION AND TRANSPORT 

THE RAILWAYS ACT

NOTES:

1. *Delete whatever is inapplicable.

2. A separate statement may be attached if space provided is insufficient

3. The completed form should provide a comprehensive statement of the Applicant’s background and proposals.

4. Where Applicant is a limited company two copies each of its Memorandum of Association and Articles of Association should be submitted together with this application.

REPUBLIC OF ZAMBIA

THE RAILWAYS ACT, 1982

FORM RP2

THE RAILWAYS (RAILWAY PERMITS) REGULATIONS, 1984

RAILWAYS PERMIT

[Regulation 2 (2)]

PERMIT No.----------------------------------------------------------------------

Date of issue--------------------------------------------------------------------

Fee paid K------------------------------------------------------------------------

Receipt No----------------------------------------------------------------------

Date of Receipt------------------------------------------------------------------

1. Messrs------------------------------------------------------------------ Of (Postal address)---------------------------------------------------------------- Is hereby authorised to operate the following rail services:

(a)

(b)

This Permit is valid from -----------------to---------------------

-------------------------------------------------------------------------

MINISTER OF COMMUNICATIONS AND TRANSPORT

CONDITIONS OF ISSUE

1. This permit is not transferable.

2. Any modifications to the authorised rolling stock that may impact on safety of their use or any addition to the existing rolling stock shall be notified to and authorised in writing by the minister.

3. Any variation in the service authorised by this permit shall be applied for in form RP4.

4. Where a permit holder ceases operations under this permit for a period exceeding three months, this permit shall be deemed to be cancelled.

5. Any change in the beneficial ownership or the directorship of the company holding this permit shall if such change occurs during the validity of this permit, be notified in writing to the Minister within thirty (30) days of such change.

6. Acceptance by the Government Inspector of Railways of the permit holder’s documented safety Plans (Safety Management System and Safety-related Work Programme).

7. Any change in the permit holder’s Safety Plans, if such change occurs during the validity of this permit, be notified in writing to the Minister within thirty (30) days of such change.

8. Any change in persons holding the professional responsibility for train operations, infrastructure maintenance or rolling stock maintenance in the company holding this permit shall, if such change occurs during the validity of this permit, be notified in writing to the Minister within thirty (30) days of such change.

9. This permit is issued in accordance with the conditions of contract that Government may have entered into with the applicant.

REPUBLIC OF ZAMBIA

THE RAILWAYS ACT, 1982

FORM RP3

THE RAILWAYS (RAILWAY PERMITS) REGULATIONS, 1984

APPLICATION FOR RENEWAL OF A RAILWAY PERMIT

[Regulation 3(1)]

1. Full name of Applicant:-------------------------------------------------------------------------------------------------------------------------

2. Address of Applicant:---------------------------------------------------------------------------------------------------------------------------

3. Number and date of issue of existing permit:---------------------------------------------------------------------------------------------

4. Period for which renewal is sought:---------------------------------------------------------------------------------------------------------

5. Particulars of material differences, if any, from information previously provided:

-----------------------------------------------------------------------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------------------------------------------------------------------

I hereby certify that the particulars in this form and in any attachments hereto are true in every respect.

---------------------------------

Signature of Applicant

Date:---------------------------------------

NOTES

1. A separate statement may be attached if the space provided is insufficient.

2. An applicant requiring variation at the renewal of his permit should complete this form and form RP4.

 

REPUBLIC OF ZAMBIA

RAILWAYS ACT, 1982

FORM RP4

THE RAILWAYS (RAILWAY PERMITS) REGULATIONS, 1984

APPLICATION FOR RENEWAL OF A RAILWAY PERMIT

[Regulation 4]

1. Full name of Applicant:----------------------------------------------------------------------------------------------------------------------------------------

2. Address of Applicant:-----------------------------------------------------------------------------------------------------being the holder of rail service permit No:----------------------------------Issued on:--------------------------------------------------------------- hereby apply for the said permit to be varied by* ------------------------------------------------------------------------------------------------------------------------------------------------------------

3. Reasons for requested variation*---------------------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------

Signature of Applicant

Date:-------------------------------------------

*A separate statement may be attached if space provided is insufficient.

SECOND SCHEDULE

[Regulation 8]

[Second Sch subs by reg 3 of SI 94 of 2003.]

PRESCRIBED FEES

 

Fee Units 

1. Application for railway permit 

5,000 

2. Railway permit 

15,000 

3. Renewal of railway permit 

10,000 

4. Application for variation of railway permit 

5,000 

5. Variation of railway permit 

10,000

ZAMBIA RAILWAYS (HANDLING AND TRANSPORTATION OF EXPLOSIVES AND OTHER DANGEROUS GOODS) REGULATIONS

[Section 87]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Application

   4.   Loading, unloading and handling

   5.   Identification markings

   6.   Prohibition of smoking

   7.   Conveyance of loaded fire-arms, etc.

   8.   Opening packages of explosives upon railway premises

   9.   Travelling in trains transporting explosives

   10.   Explosives booked to private sidings

   11.   Trucks containing explosives and other dangerous goods to be so marked and locked

   12.   Despatch not guaranteed

   13.   Prohibition of storage

   14.   Access to explosives trucks

   15.   Type of truck for and method of loading explosives

   16.   Carrying capacity of trucks

   17.   Manner of loading and unloading

   18.   Prohibition of loading and unloading near fires, etc.

   19.   Precautions to be observed during loading, etc.

   20.   Treatment of defective packages in transit

   21.   Inspection of explosives en route

   22.   Precautions in case of delay in delivery

   23.   Handling of explosives

   24.   Marshalling instructions for trucks containing inflammables, etc.

   25.   Special provisions for marshalling explosives trucks

   26.   Explosives trucks without locks

   27.   Restrictions on loading of explosives

   28.   Leaking petrol and damaged explosives cases not to be accepted or retained on railway premises

   29.   Explosives trains not to be delayed

   30.   Speed restrictions on trains conveying explosives

   31.   Escorts

   32.   Trainmen to pay special attention to explosives and other dangerous goods

   33.   Shunting, etc., of explosive trucks

   34.   Trucks containing explosives becoming defective en route

   35.   Fires not to be raked or drawn near explosives trucks

   36.   Use of safety lamps for examination of inflammable liquid tank-trucks during darkness

   37.   Examination of inflammable liquid tank-trucks en route

   38.   Testing of valve cap en route

   39.   Stoppage of leaks in inflammable liquid tank-trucks

   40.   Inspection of inflammable liquid tank-trucks

   41.   Detachment of inflammable liquid tank-trucks from trains

   42.   Precautions regarding inflammable liquids in tank-trucks

   43.   Shunting and other movements with inflammable liquid tank-trucks

   44.   Precautions regarding loaded or empty inflammable liquid tank-trucks

   45.   Prohibition of smoking near loaded or empty inflammable liquid tank-trucks

   46.   Accidents involving loaded explosives trucks

   47.   Penalty for violation of Regulations

Act 13 of 1994,

SI 193 of 1974.

[Regulations by the Minister]

 

1.   Title

These Regulations may be cited as the Zambia Railways (Handling and Transportation of Explosives and other Dangerous Goods) Regulations.

 

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“dangerous goods” means any of the following goods—

acetone;

acetone oils;

acetylene compressed into porous substance in cylinders;

aeroplane dope;

allyl alcohol;

allyl chloride;

ammonia, solution of, specific gravity 0.880 to 0.891 (liquid ammoniae fortis) exceeding 45 litres;

amyl acetate;

amyl alcohol;

anhydrous ammonia; arsenic compounds; arsenite of soda;

benzine-from petroleum, specific gravity not below 0.680; benzoline-from petroleum, specific gravity not below 0.680; benzine collas;

benzole (from coal tar); bisulphide of carbon; bromine;

butyl acetate;

butyl alcohol;

calcium carbide, or carbide of calcium, exceeding 5 kg; carburine from petroleum, specific gravity not below 0.680; chloride of sulphur;

collodion;

compressed oxygen in cylinders;

compressed atmospheric air in cylinders;

compressed or liquefied carbonic acid gas (carbon dioxide) in cylinders;

compressed coal gas in cylinders; compressed hydrogen in cylinders; diacetone alcohol in cylinders;

enamel anti-fouling composition from petroleum, specific gravity not below 0.680;

epichlorohydrin; ether (sulphuric); ether chloride;

ethyl alcohol;

fuse lighters (fuse igniters or torches);

gasoline;

hydrofluoric acid or fluoric acid;

hydrochloric acid (also called muriatic acid or spirit of salts), exceeding 45 litres;

insecticides having a flash point below 65.60 degrees C (Abel test);

ketone oils;

liquefied anhydrous ammonia or compressed ammonia gas in cylinders;

liquefied oil gas (blougas, supropane) in cylinders;

liquefied or compressed nitrous oxide in cylinders;

liquefied or compressed sulphurous acid gas (sulphur dioxide) in cylinders;

methylated spirit, exceeding 22 litres;

methyl acetone;

methyl alcohol;

methyl isobutyl ketone;

mirbane oil;

motor car spirit from petroleum, specific gravity not below 0.680;

naphtha, coal tar;

naphtha, mineral, specific gravity not below 0.680;

neosolve;

nitrate of ammonia; nitric acid or aqua fortis; nitrobenzine;

oil of vitriol or sulphuric acid, except accumulator sulphuric acid, not exceeding 1.215 specific gravity;

orthonitrotoluene oil;

paint thinners;

petrol from petroleum, specific gravity not below 0.680;

petroleum, specific gravity not below 0.680;

petroleum, ether or spirit;

phosphorus, except amorphous;

picric acid, except in bottles properly packed;

polishes, liquid, prestoline, shoe cement, and other articles partly composed of naphtha or other highly inflammable liquids;

potassium cyanide;

sheep and cattle dip;

sodium amalgam;

sodium cyanide;

spirit of wine, exceeding 22 litres;

spirit varnish (made exclusively of wood or methylated spirit), exceeding 22 litres;

sulphuric anhydride or sulphuric acid crystals; sweet spirit of nitre, exceeding 22 litres; tertiary amyl alcohol;

toluol;

toluol, commercial;

trichloropropane;

wood spirit (vegetable or wood naphtha), exceeding 22 litres;

xylol;

xylonite solution;

and any other substances which the Minister may from time to time, by notice in the Gazette, declare to be “dangerous goods”;

“explosives” means any of the following—

      (a)   gunpowder, nitro-glycerine, dynamite, gelignite, gun-cotton, blasting powder, fulminate of mercury or of any other metal, and every other substance, whether similar to those herein mentioned or not, which is used or manufactured with a view to producing a practical effect by blasting or explosion;

      (b)   any detonating, igniter or safety fuse, detonator, per-cussion cap, fuse igniter, and every adaptation or preparation of any explosive herein defined;

      (c)   any other substance which the Minister responsible for mines may from time to time, by statutory instrument, declare to be an explosive;

but shall not be deemed to apply to any ammunition, firework or rocket for which a licence to import, possess or deal in is required by any law other than the Explosives Act, 1974;

“Inspector of Explosives” has the meaning assigned to it in the Explosives Act.

“safe loading bay” has the meaning assigned to it in the Explosives Regulations.

 

3.   Application

These Regulations shall apply to the handling and transportation of explosives and other dangerous goods over all lines of railway owned or operated by Zambia Railways.

 

4.   Loading, unloading and handling

   (1) No explosives or other dangerous goods shall be brought on to any railway premises, or be there loaded or unloaded, except between the hours of sunrise and sunset, and then only by permission of the official in charge of the station at which it is proposed such goods shall be accepted, loaded or unloaded:

Provided that explosives shall only be loaded and unloaded at a safe loading bay.

   (2) Nothing in sub-regulation (1) shall prevent the removal at a safe loading bay of a consignment of explosives between the hours of sunset and sunrise from a truck duly labelled and conveying explosives to a further point where it is absolutely necessary to do so:

Provided that, at the forwarding station, such consignments shall be loaded in such order that they can be unloaded by the consignee without the removal of other consigments, obviating the necessity for any person entering the truck with a hand-lamp in search of the packages.

 

5.   Identification markings

   (1) Every case containing explosives and every package containing other dangerous goods tendered for transportation by rail shall bear the word “explosives”, “detonators” or “dangerous” as the case may be, and shall be plainly and fully addressed to the consignee and the station to which it is to be transported, and the name of the contents of each case or package shall be written or printed in conspicuous characters on the outside of the outermost case or package containing the same; and all such explosives and dangerous goods shall be securely packed in cases and packages which shall be in good condition.

   (2) Code marks, duly registered and approved by the railways, may be used to designate the name of the consignee and station to which the explosives or dangerous goods are to be transported:

Provided that in the case of full truck loads from one consignor to one consignee at the station of destination, the name, address or code marks of the consignee need not appear on each case or package.

 

6.   Prohibition of smoking

   (1) No person shall smoke in, or within four metres of any truck in which explosives or other dangerous goods are being transported.

   (2) Smoking or lighting of any fire within thirty metres of where explosives and dangerous goods are being loaded into or unloaded from any rail truck is strictly prohibited.

 

7.   Conveyance of loaded fire-arms, etc.

   (1) Except as provided in sub-regulations (2) and (3) of this Regulation, no person shall convey or have in his possession in a train any loaded fire-arms, explosives or detonators.

   (2) Inspectors of Explosives may carry by passenger or mixed or goods trains samples of explosives in such quantities as are reasonably necessary for the purpose of analysis, test and experiment.

   (3) Police Officers in charge of prisoners and specie escorts may carry by passenger, mixed or goods trains loaded fire-arms.

 

8.   Opening packages of explosives upon railway premises

No person other than an Inspector of Explosives or some other official duly authorised by him to do so, shall open any case or package containing explosives in or upon any railway premises.

 

9.   Travelling in trains transporting explosives

No person other than an Inspector of Explosives or railway official on duty shall be allowed to travel on a train conveying loaded explosives trucks.

 

10.   Explosives booked to private sidings

Explosives in truck loads booked to private sidings shall be placed at locations mutually agreed upon between the Railways and the private siding owner.

 

11.   Trucks containing explosives and other dangerous goods to be so marked and locked

   (1) Every truck containing explosives other than detonators or capped fuses shall have a clearly visible label, one on each side of the truck, having the legend “Explosives”.

   (2) Every truck containing detonators or capped fuses shall have a clearly visible label, one on each side of the truck, bearing the legend “Detonators”.

   (3) Every truck loaded with inflammable liquids such as paraffin, petrol, etc., shall bear on each side a distinctive label indicating the dangerous nature of the load.

   (4) Any explosives rail truck, whether loaded or empty shall, except during loading and unloading operations, be kept locked up with an approved type lock.

 

12.   Despatch not guaranteed

The Railways do not guarantee to despatch explosives or other dangerous goods at any particular time or by any particular train.

 

13.   Prohibition of storage

   (1) Save as provided in these Regulations, no person shall retain or keep explosives or other dangerous goods upon railway premises for a longer period than is absolutely necessary for transportation purposes; nor shall explosives or other dangerous goods be allowed to remain on such premises for any period beyond that notified by the official in charge of the forwarding or receiving station to the consignor or consignee. In all cases explosives and other dangerous goods shall be kept well away from places to which the public has access.

   (2) Inflammable liquids shall not be stored in railway premises, except where a special building has been provided for the purpose, but shall be stacked in the open, observing if possible, a distance of at least ten metres from any building; if necessary, protection may be afforded by the use of suitable covering.

 

14.   Access to explosives trucks

No person other than an Inspector of Explosives or a person authorised under section 12 of the Explosives Act, unless actually engaged in or supervising the loading or unloading of trucks containing explosives or other dangerous goods, shall have access to, or remain near such trucks. When loaded, the truck doors shall be closed and locked and the trucks set apart.

 

15.   Type of truck for and method of loading explosives

   (1) Explosives shall only be conveyed in trucks approved by the Chief Inspector of Explosives, fitted with roofs, completely closed sides, doors and good springs. Such trucks shall be carefully swept, and, if necessary, washed and dried.

   (2) All exposed iron and steel shall be covered with wood, cloth or other suitable material. Explosives shall not be transported in the same truck with other goods.

 

16.   Carrying capacity of trucks

Subject to regulation 17 (2), trucks transporting explosives may be loaded to their full registered carrying capacity, but in no case shall such carrying capacity be exceeded.

 

17.   Manner of loading and unloading

   (1) All cases of explosives and casks and packages of dangerous goods shall be loaded in the trucks in such a manner as shall best avoid their shifting or rolling.

   (2) Cases of explosives shall be stacked in full horizontal layers, and where there is any space between the cases and the sides of the truck, the former shall be properly shored up against the latter by means of wood or by some other approved material.

   (3) Barrels or casks of dangerous goods shall not be placed on end, but shall be laid on their bilge parallel to the length of the truck, and shall be efficiently and properly scotched up with wood or other approved material.

   (4) All explosives and dangerous goods shall be loaded and secured in such a manner as will prevent their falling out when the truck doors are opened.

   (5) Cases of explosives shall be carried by one man or passed from hand to hand or conveyed on an approved conveyor, when being loaded or unloaded, and shall not be dragged. Casks and packages containing dangerous goods shall, as far as practicable, be passed from hand to hand when being loaded or unloaded, and shall not be dragged or rolled, except where hides, cloths or sheets have been previously laid down upon the platform or the ground, as the case may be, over which they have to be dragged or rolled. Cases of explosives and casks and packages of dangerous goods shall not be thrown or dropped down, but in all cases they shall be carefully deposited and stowed.

   (6) The doors of trucks containing explosives and dangerous goods shall be closed and locked as soon as the loading of each truck is completed.

   (7) During wet weather the utmost care shall be observed to avoid any access of moisture to the explosives and dangerous goods.

   (8) Where explosives or other dangerous goods are removed from tranship trucks, the person in charge of off-loading shall, when it is necessary so to do, adjust the balance of load so as to prevent the shifting of cases, casks, or packages.

   (9) The loading, unloading or transhipping of explosives and other dangerous goods, when once begun shall be proceeded with, with all due diligence, until such loading, unloading or transhipping is completed.

 

18.   Prohibition of loading and unloading near fires, etc.

No explosives, volatile or inflammable goods shall be loaded or unloaded in the vicinity of a fire or uncovered light, and no lamps or lights of any kind shall be taken inside a truck containing any such goods.

 

19.   Precautions to be observed during loading, etc.

   (1) All persons engaged in handling explosives shall exercise the utmost care, and shall avoid any act that may cause shock or friction to the contents of any case.

   (2) Such persons shall not wear boots or shoes with steel or iron nails, heels, or tips; nor shall they have about their persons any pipe or light, or any lucifer or other match, or any other means of striking a light.

 

20.   Treatment of defective packages in transit

The Railways may detain or stop the further handling of cases containing explosives or packages of other dangerous goods that may appear to be defective; and if in the opinion of the official observing such defect it would be unsafe to permit the further transportation of such defective cases or packages, he shall, in the case of explosives at once notify an Inspector of Explosives and be governed by his instructions.

 

21.   Inspection of explosives en route

   (1) Inspectors of Explosives may travel by any train for the purpose of inspecting consignments of explosives and the trucks or trains in which they are being transported; provided that in so doing they do not unduly impede the traffic.

   (2) During any such inspection railway employees shall afford such inspectors any information and assistance they may require.

 

22.   Precautions in case of delay in delivery

   (1) Where delay occurs in the delivery of explosives, whether through the default of the consignor, the consignee, or otherwise, or where explosives are considered unsafe for further handling or transportation, the official in charge of the station at which the delay has occurred shall place the trucks containing the explosives in the safest place available and shall immediately notify the nearest Inspector of Explosives by the quickest possible means and the official in charge of the forwarding station by telegram of the delay, and the action he has taken; and thereafter, he shall await and in due course carry out the instructions of the Inspector of Explosives regarding the disposal of such explosives.

   (2) Any extraordinary expenditure incurred by the Railways in or about the storage, watching, disposal or destruction of such explosives in pursuance of the said instructions shall be borne by the owner of the consignment.

   (3) Any unusual occurrence arising in the transit or delivery of explosives shall promptly be reported by telegram to the District Manager and the Chief of Transportation.

 

23.   Handling of explosives

   (1) No unloading of explosives shall be carried out except under the direct supervision of a person holding a valid Zambia blasting licence.

   (2) Where, at any time, the opening of the door of loaded explosives trucks is required for examination or other purposes, such opening shall be under the supervision of a blasting licence holder.

 

24.   Marshalling instructions for trucks containing inflammables, etc.

   (1) The conveyance of trucks containing inflammables, explosives or other dangerous goods by fast passenger, passenger or mixed trains or by goods trains conveying loaded passenger coaches is strictly prohibited.

   (2) No train shall be composed entirely of inflammable liquid tank trucks.

   (3) Trucks containing explosives or other inflammable goods shall be placed as near as possible to the centre of trains.

   (4) Trucks containing exposed goods of a nature liable to catch fire from sparks or hot cinders shall not be attached to trains conveying explosives, inflammables or other dangerous goods.

   (5) Not less than two bogie or three short trucks of a non-dangerous nature shall separate trucks containing explosives, inflammables or other dangerous goods from the train locomotive and from the van.

   (6) Where a train is conveying both inflammables and explosives trucks, they shall be separated from each other by not less than two bogie or three short trucks containing non-dangerous goods.

   (7) Inflammable liquid tank-trucks, whether loaded or empty, shall not be placed next to trucks containing lime, heavy machinery, projecting timber, rails, telegraph poles and the like.

 

25.   Special provisions for marshalling explosives trucks

   (1) No train shall be composed entirely of trucks containing explosives.

   (2) The maximum tonnage of explosives including weight of cases permitted on goods trains conveying other traffic shall be 120 tonnes.

   (3) The maximum tonnage of explosives including the weight of cases permitted by a special explosives train shall be 350 tonnes.

   (4) Special explosives trains as defined in sub-regulation (3) of this Regulation shall be limited to a maximum load of 82 axles.

   (5) Special explosives trains shall not be double headed and shall be marshalled as follows—

      (i)   Engine;

      (ii)   not less than two loaded bogie or three short trucks containing non-dangerous traffic;

      (iii)   explosives trucks;

      (iv)   not less than two bogie or three short trucks, either empty or loaded with non- dangerous traffic;

      (v)   guard’s brake van.

   (6) Trucks containing explosives shall not be marshalled next to trucks containing lime, heavy machinery, projecting timber, rails, telegraph poles and the like.

 

26.   Explosives trucks without locks

   (1) Explosives trucks found in an unlocked condition shall not be cleared from any point.

   (2) A report of any such truck stating the truck number and location shall immediately be made by the official noticing it to the railway control who in turn shall advise the nearest Inspector of Explosives.

 

27.   Restrictions on loading of explosives

No rail truck shall be loaded with explosives other than as specified hereunder—

      (i)   Nitro compound explosives, blasting agents and detonating fuse may be transported together excepting that nitro compound explosives known as master-mix shall not be transported together with any of the above-named type of explosives or any other type;

      (ii)   detonators and capped fuses shall not be transported together with any other type of explosives;

      (iii)   explosives of any other type when required to be transported shall be transported under such conditions as the Chief Inspector of Explosives shall prescribe.

 

28.   Leaking petrol and damaged explosives cases not to be accepted or retained on railway premises

Receptacles containing petrol or other highly inflammable liquids which show signs of leakage, or cases containing explosives or other dangerous goods which appear to be damaged or defective, shall not be accepted for conveyance by rail nor be retained upon railway premises.

 

29.   Explosives trains not to be delayed

   (1) Special or goods trains transporting explosives shall, as far as possible, travel right through to destination without delay; all unnecessary detention in inhabited places and stations shall be avoided.

   (2) The official in charge at the forwarding station shall im-mediately notify the first depot station in the direction in which the goods are being transported of the despatch and destination of the explosives, and such depot station and all other succeeding depot stations thereafter shall, in turn, similarly transmit such information onward.

 

30.   Speed restriction on trains conveying explosives

Any train conveying ten or more loaded explosives trucks shall not run at a speed exceeding 32 kmh.

 

31.   Escorts

   (1) Any train conveying ten or more loaded explosives trucks shall have a locomotive inspector on the cab of the engine, whose duty it shall be to ensure that the speed restriction imposed on such train is rigidly observed.

   (2) Any train conveying one or more loaded explosives trucks shall be escorted by an official of the Railway Police who shall be responsible to keep close watch on such trucks.

 

32.   Trainmen to pay special attention to explosives and other dangerous goods

   (1) When explosives or other dangerous goods are transported by rail, the attention of the guard in charge of the train shall be specially directed by a responsible official at the despatching station to the trucks containing them; the guard shall thereupon duly inform his driver, and when the train is handed over to another guard, the guard retiring from duty shall draw his attention to such trucks.

   (2) Members of the staff engaged in shunting such train shall be cautioned when explosives or other dangerous goods are on the train.

 

33.   Shunting, etc., of explosives trucks

   (1) The shunting, marshalling and coupling of trucks containing, and trains transporting, explosives shall be done with the greatest caution.

   (2) Trucks containing explosives shall on no account be detached from a train until the latter has come to a dead stop; that is to say, they shall not be single, double, or fly-shunted; after being put off, the trucks shall be properly secured by hand brakes and wedges, and when practicable left in an isolated position well away from other traffic.

   (3) During shunting, trucks containing explosives shall be separated from the engine by not less than two bogie or three short trucks which may be loaded with non-dangerous goods.

   (4) Protection by day shall be given by means of flags conspicuously fixed to the truck containing explosives; or if other trucks are standing on the same line, fixed to the first truck if in a dead-end, or to the trucks at either end of the loop.

   (5) Protection by night shall be given by means of a red light, which shall not in any case be attached to a truck of explosives but shall be conspicuously placed and fixed at the nearest points. When explosives are on a loop line such lights shall be placed at each end of the loop.

   (6) Trucks containing explosives shall not be left at any location without being guarded by an official of the Zambia Railways Police or Zambia Police until such time as the contents are either delivered to a consignee or the trucks are cleared by trains. At attended stations, the official in charge of such station shall be responsible for arranging personnel to guard such trucks.

 

34.   Trucks containing explosives becoming defective en route

   (1) Members of the train crew shall frequently examine en route all trucks containing explosives on their trains and where there is evidence of a dangerous condition, the train must be brought to a stop and an inspection made. Trucks found unsafe for travel shall be detached.

   (2) Where possible, the trucks must be detached at a location where an official of the Zambia Railways Police or Zambia Police is readily available to guard it. If this is not possible, the train shall be detained until the arrival of a security guard arranged through Control or otherwise.

   (3) When trucks are detached as mentioned in sub-regulation (2) of this Regulation, the nearest Inspector of Explosives shall be advised by the quickest possible means. No transhipment of the contents or repairs to the truck shall be undertaken except under the personal supervision of the Inspector of Explosives or his authorised representative.

   (4) The railway official controlling the station at which the transhipment takes place shall notify the destination station and the District Manager by telegram of details of transhipment.

 

35.   Fires not to be raked or drawn near explosives trucks

   (1) Engine-drivers or observers shall not draw or rake fires in the vicinity of trucks containing explosives or inflammables; nor may they bring their trains to a stand over such raking or their engines opposite to such trucks.

   (2) For the purpose of this regulation, empty inflammable tank-trucks shall be treated as trucks containing inflammables.

 

36.   Use of safety lamps for examination of inflammable liquid tank-trucks during darkness

No examination of loaded or empty inflammable liquid tank-trucks by a carriage and wagon examiner shall be undertaken during the hours of darkness unless he is in possession of an approved safety lamp specially provided for the purpose.

 

37.   Examination of inflammable liquid tank-trucks en route

   (1) A thorough examination shall be made of loaded and empty tank-trucks at all depot stations, particularly for indications of hot axles, defective brakes, and signs of leakage or escape of vapour from the tank.

   (2) Depot stations ahead shall be advised when and by what train tank-trucks are despatched, and carriage and wagon examiners shall be notified by the station official in charge so that they may be prepared to inspect such trucks.

 

38.   Testing of valve cap en route

Appropriate steps shall be taken to test the valve cap of inflammable liquid tank-trucks at every depot en route by tightening the cap where necessary, so as to avoid the valve cap working loose due to vibration in transit.

 

39.   Stoppage of leaks in inflammable liquid tank-trucks

   (1) The leading carriage and wagon examiner at carriage and wagon depot shall take charge of operations in connection with the stoppage of leaks and the remedying of any other defects in tank-trucks. He shall also make himself fully conversant with all working parts.

   (2) If it is found necessary to attend to a leak from the discharge valve, the discharge valve cap shall be unscrewed and, if the leak is a small one, then the cap joint shall be renewed. As a temporary measure this can be done with lead or steam jointing. After replacing the valve cap and screwing it up tightly it will be possible to see if the leak has been stopped.

   (3) If the renewing of the valve cap joint fails to stop the leakage or if the leakage is a large one, then the leading carriage and wagon examiner shall advise his superior officer, who shall send full particulars by telegram or other means to the District Manager concerned, so that arrangements may be made to deal with the position.

 

40.   Inspection of inflammable liquid tank-trucks

   (1) Guards of trains shall when opportunity offers, make frequent inspections of tank-trucks en route.

   (2) The inspection of loaded or empty tank-trucks shall not be performed by guards or other authorised employees during the hours of darkness unless such employees are in possession of a hand lamp of the design specified in regulation 36.

   (3) Employees shall be careful not to come within close prox-imity of tank-trucks while carrying any other type of lamp unless or until they are satisfied that there is no leakage or escape of vapour.

 

41.   Detachment of inflammable liquid tank-trucks from trains

   (1) In the event of a hot axle, leakage of liquid, escape of vapour or any mechanical running defects being discovered, the truck shall be detached from the train and placed in a suitable siding away from lights, fires, etc. If the leakage is detected some distance from a station, the driver shall disconnect the brake by making a through pipe. The truck shall be kept under close observation and arrangements made for prompt attention to be accorded by a carriage and wagon examiner. Particulars of the action taken in such cases shall be recorded on the truck label by the carriage and wagon examiner for the information and guidance of the examining staff en route.

   (2) In the event of a loaded or empty inflammable liquid tank-truck having to be detached at any station, the guard shall report the circumstances to the official in charge at the station if there is one or that of the controlling station.

   (3) Immediately a tank-truck is detached for special examination and attention en route, the official in charge of the station concerned shall telegraph full particulars to the District Manager.

 

42.   Precautions regarding inflammable liquids in tank-trucks

Whilst loading and discharging operations are proceeding in sidings where engines require to enter for the purpose of performing shunting operations, it shall be the duty of senders or consignees, as the case may be, to place a large warning notice in a conspicuous position. This, however, shall not relieve the guard or shunter from taking every precaution and satisfying himself before allowing an engine or truck to come in contact with a tank-truck, that it is not being loaded or discharged and that the truck can be moved with safety.

 

43.   Shunting and other movements with inflammable liquid tank-trucks

   (1) Shunting operations with loaded or empty tank-trucks shall be limited to the lowest number of movements and the tank-trucks shall be placed as far as possible from the engine. A loaded inflammable liquid tank-truck shall not be marshalled next to the engine during shunting operations.

   (2) When tank-trucks are received or are stabled in station yards, precautions shall be taken to guard against mishap, particularly during the hours of darkness.

   (3) Lighted tail, side- or hand-lamps, shall not be attached to tank-trucks, either when running or when at a stand.

 

44.   Precautions regarding loaded or empty inflammable liquid tank-trucks

   (1) Every guard shall inform the driver of the train of which he is the guard, when loaded or empty inflammable liquid tank-trucks are attached to a train.

   (2) Before using a torch or other naked light for the purpose of examining or oiling his engine, every driver shall first satisfy himself that the liquid is not leaking or vapour escaping from tank- trucks which may be marshalled in close proximity to the engine.

 

45.   Prohibition of smoking near loaded or empty inflammable tank-trucks

   (1) Smoking alongside loaded or empty tank-trucks is strictly prohibited and fires or naked lights of any description shall not be carried in close proximity to such trucks.

   (2) Drivers shall take steps to prevent engine fires from being shaken, raked or thrown out, whilst their engines are in close proximity to such tank-trucks.

 

46.   Accidents involving loaded explosives trucks

   (1) If at any time during the transportation of explosives by rail, any truck containing explosives is involved in an accident, the nearest Inspector of Explosives shall be notified by the quickest means possible.

   (2) No transhipment of explosives or re-railing or repairing of such truck shall be undertaken except under the personal supervision of an Inspector of Explosives or his authorised representative.

 

47.   Penalty for violation of regulations

Any person who contravenes any of the provisions of these Regulations shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding four thousand penalty units or to a term of imprisonment not exceeding two years or to both.

[Am by Act 13 of 1994.]

 
 

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