S.I. No. 93/1933 - The Road Traffic (Petroleum Spirit) Regulations, 1933.

STATUTORY RULES AND ORDERS. 1933. No. 93.

THE ROAD TRAFFIC (PETROLEUM SPIRIT) REGULATIONS, 1933.

ROAD TRAFFIC ACT, 1933 .

WHEREAS by section 179 of the Road Traffic Act, 1933 , it is provided that the keeping or using of petroleum or any other inflammable liquid or fuel for the purposes of mechanically propelled vehicles owned by the person keeping such liquid or fuel should be subject to regulations made by the Minister for Local Government and Public Health, and that regulations so made should have effect notwithstanding anything in the Petroleum Acts, 1871 to 1881 :

AND WHEREAS by virtue of the Road Traffic Act (Date of Commencement) (No. 1) Order, 1933, being an order made in pursuance of section 2 of the said Road Traffic Act, 1933 , the said section 179 has now come into operation :

NOW, THEREFORE, the Minister for Local Government and Public Health, in exercise of the powers conferred on him by the said section 179 of the Road Traffic Act, 1933 , hereby makes the following regulations :—

1. These regulations may be cited as The Road Traffic (Petroleum Spirit) Regulations, 1933.

2. The Interpretation Act, 1923 , shall apply for the purpose of the interpretation of these regulations in the same manner in which it applies for the purpose of the interpretation of an Act of the Oireachtas.

3. In these regulations—

the expression " the Petroleum Acts " means the Petroleum Acts, 1871 to 1883;

the expression " petroleum spirit " means the petroleum to which the Petroleum Acts apply, and also includes any other inflammable liquid or fuel suitable for the production of motive power for a mechanically propelled vehicle, provided that where any petroleum, other than that to which the Petroleum Acts apply, is on or in any mechanically propelled vehicle or is being conveyed or kept in any place on or in which there is also present any petroleum spirit as above defined, the whole of such petroleum shall be deemed to be petroleum spirit;

the expression " storehouse " means and includes any room, building, coachhouse, lean-to, or other place whether indoor oroutdoor in which petroleum spirit is kept for the purposes of mechanically propelled vehicles.

4.—(1) The following shall be exempt from licences under the Petroleum Acts, namely :—

(a) Petroleum spirit when kept in accordance with these regulations by any person for the purposes of one or more mechanically propelled vehicles owned by such person.

b) Petroleum spirit when used in accordance with these regulations by any person on a mechanically propelled vehicle owned by such person.

(c) Petroleum spirit which is kept for the purpose of or is being used on mechanically propelled vehicles owned by any Department of State by such Department of State.

(2) Nothing in this article shall exempt petroleum spirit which is kept by any person partly for sale and partly for the purposes of mechanically propelled vehicles owned by him from the obligation to obtain a licence under the Petroleum Acts.

5.—(1) These regulations shall not apply to the keeping or use of petroleum spirit by or under the control of any Department of State.

(2) Only Articles 14, 15 and 16 of these regulations shall apply to petroleum spirit which is kept by any person partly for sale and partly for purposes of mechanically propelled vehicles owned by him.

(3) Where for any special reason a person keeping petroleum spirit for the purpose of mechanically propelled vehicles owned by him applies for a licence under the Petroleum Acts and the local authority see fit to grant such licence the following provisions shall have effect in respect of such petroleum spirit, namely :—

(a) Such petroleum spirit shall be subject to Articles 11 to 17 of these regulations.

(b) Such petroleum spirit shall be subject to the conditions of such licence in so far as the said conditions are not inconsistent with Articles 11 to 17 of these regulations.

(c) Such petroleum spirit shall also be subject to Article 16 of these regulations unless the local authority see fit to grant an exemption by a special term of the licence.

(d) Save as is hereinbefore provided, these regulations shall not apply to such petroleum spirit.

(4) Subject to the foregoing provisions of this Article, these regulations shall apply to any petroleum spirit which is kept for the purpose of, or is being used on mechanically propelled vehicles owned by the person so keeping or using such petroleum spirit.

6. Where a storehouse forms part of, or is attached to, another building, and where the intervening floor or partition is of an unsubstantial or highly inflammable character, or has an opening therein, the whole of such building shall be deemed to be the storehouse, and no portion of such storehouse shall be used as a dwelling or as a place where persons assemble. A storehouse shall have a separate entrance from the open air distinct from that of any dwelling or building in which persons assemble.

7. The amount of petroleum spirit to be kept in any one storehouse, whether or not upon mechanically propelled vehicles, shall not exceed 60 gallons at any one time.

8. Petroleum spirit shall not be kept, used or conveyed in any vessel not forming part of a mechanically propelled vehicle the capacity of which exceeds two gallons.

9. Where two or more storehouses are in the same occupation and are situated within 20 feet of one another, they shall for the purposes of these regulations be deemed to be one and the same storehouse, and the maximum amount of petroleum spirit prescribed in the foregoing regulations shall be the maximum to be kept in all such storehouses taken together. When two or more storehouses in the same occupation are distant more than 20 feet from one another, the maximum amount shall apply to each storehouse.

10. Any person who keeps petroleum spirit in a storehouse which is situated within 20 feet of any other building whether or not in his occupation, or of any timber stack or other inflammable goods not owned by him, shall give notice to the local authority under the Petroleum Acts for the district in which he is keeping such petroleum spirit, that he is so keeping petroleum spirit, and shall renew such notice in the month of January in each year during the continuance of such keeping, and shall permit any duly authorised officer of the local authority to inspect such petroleum spirit at any reasonable time. This regulation shall not apply to petroleum spirit kept in a tank forming part of a mechanically propelled vehicle.

11. Every storehouse shall be thoroughly ventilated.

12.—(1) Petroleum spirit shall not be kept, used, or conveyed except in metal vessels so substantially constructed as not to be liable, except under circumstances of gross negligence or extraordinary accident, to be broken or become defective or insecure.

(2) Every such vessel shall be so constructed and maintained that no leakage, whether of liquid or vapour, can take place therefrom.

(3) Every such vessel, not forming part of a mechanically propelled vehicle, when used for conveying or keeping petroleum spirit, shall bear the words " petroleum spirit, highly inflammable," conspicuously and indelibly stamped or marked thereon, or on a metallic or enamelled lable attached thereto.

(4) Before repairs are done to any such vessel, that vessel shall, asfar as practicable, be cleaned by the removal of all petroleum spirit and of all dangerous vapours derived from the same.

13. The filling or replenishing of a vessel with petroleum spirit shall not be carried on, nor shall the contents of any such vessel be exposed in the presence of fire or artificial light, except a light of such construction, position or character, as not to be liable to ignite any inflammable vapour arising from such spirit, and no fire or artificial light capable of igniting inflammable vapour shall be brought within dangerous proximity of the place where any vessel containing petroleum spirit is being kept.

14. While any petroleum spirit is being kept in a storehouse or is in course of conveyance, all due precaution shall be taken to prevent accidents being caused by fire or explosion, and to prevent unauthorised persons from having access to such petroleum spirit or to the vessels containing or intended to contain or having actually contained such petroleum spirit.

15. While any petroleum spirit is in or on a mechanically propelled vehicle, or is being kept for the purpose of a mechanically propelled vehicle, the driver of such vehicle and every passenger on such vehicle and every person employed in connection with such vehicle shall not do any act which might tend to cause fire or explosion and which is not reasonably necessary, and shall, so far as he is able, prevent any other person from committing such an act.

16. In the storehouse or in any place where a mechanically propelled vehicle is kept or is present, petroleum spirit shall not be used for the purpose of cleaning or lighting, or as a solvent or for any other purpose other than as fuel for the engine of a mechanically propelled vehicle. Provided that where due precaution is taken to prevent petroleum spirit from escaping into a sewer or drain and provision made for disposing safely of any surplus petroleum spirit, and where no fire or naked light is present, quantities not exceeding one gill may be used for the cleaning of a mechanically propelled vehicle at a safe distance from any building, place of storage of inflammable goods, or much frequented highway, or for the repair of tyres, under suitable precautions.

17. Petroleum shall not be allowed to escape into any inlet or drain communicating with a sewer.

18. These regulations shall come into operation on the 1st day of September, 1933.

Given under the Official Seal of the Minister for Local Government and Public Health, this 18th day of August, One Thousand Nine Hundred and Thirty-three.

(Signed) SEÁN T. O'CEALLAIGH,

Minister for Local Government and Public Health.