MINES ACT (NORTHERN IRELAND) 1969 - SECT 39 Provisions for securing safety of foot-passengers in transport roads.

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MINES ACT (NORTHERN IRELAND) 1969 - SECT 39

Provisions for securing safety of foot-passengers in transport roads.

39.(1) The following provisions shall have effect with respect to every length
of road in a mine, being a length in which run vehicles moved otherwise than
by hand (whether or not vehicles moved by that means also run therein):

(a)during any period during which vehicles are moving in that length of road
otherwise than by that means, no person employed at the mine (other than an
authorised person) shall, except in accordance with the provisions of
regulations in that behalf, pass on foot along that length of road or any part
thereof unless the movement of vehicles in that length of road, other than
vehicles moved by that means, is specially stopped for the purpose of allowing
him to do so;

(b)if that length of road is used at the beginning or end, or at the beginning
and end, of a shift by not less than ten persons for the purpose of walking to
or from their working places in the mine, it shall be the duty of the manager
of the mine to fix a period or periods for the purpose of enabling them to do
so in safety, and no person shall cause or permit a vehicle (whether loaded or
not) to move, otherwise than by that means, in that length of road during a
period fixed in pursuance of the foregoing provisions of this paragraph;

(i)... the Ministry may, by notice served on the manager of a particular mine,
exempt from the provisions of either or both of those paragraphs any such
length of road as aforesaid in that mine; and

(ii)in any prosecution instituted in respect of a person's passing along a
length of road or part thereof in contravention of paragraph (a), it shall be
a defence to prove that that person had reasonable cause to believe that it
might be necessary for repairs to be carried out forthwith in that length of
road and was so passing for the purpose of verifying his belief and of
ascertaining the nature or extent of the repairs which he believed it might be
necessary to carry out.

(2) Except with the written permission of the manager of a mine, no person
shall, otherwise than in such circumstances and in accordance with such
conditions, if any, as may be specified in transport rules having effect with
respect to the mine, accompany on foot below ground in the mine a vehicle
which is moving as part of any rope haulage apparatus.

(3) For the purposes of paragraph (a) of subsection (1) the expression
"authorised person" means, in relation to a length of road in a mine,

(a)an official of the mine;

(b)a person employed in connection with the running of vehicles in that length
of road;

(c)a person engaged in or in connection with, the carrying out in that length
of road of repairs which it is necessary to carry out forthwith; or

(d)a person engaged in carrying out, by virtue of the provisions of this Act
relating to workmen's inspections or of any such agreement as is mentioned in
those provisions, an inspection at the mine.

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Northern Irish Legislation

MINES ACT (NORTHERN IRELAND) 1969 - SECT 39