Section 265:115 Transporting Explosives.
Any person driving any vehicle transporting any explosives as a cargo or part of a cargo upon a way shall at all times comply with the following provisions:
I. Blasting caps, blasting caps with safety fuses, blasting caps with metal clad mild detonating fuse, and electric blasting caps may be transported with other explosives in the same vehicle only in accordance with such rules as may be adopted by the director of the division of state police in accordance with RSA 158:9-f.
II. Every vehicle used for transporting explosive materials and certain oxidizing materials shall be marked in accordance with such rules as may be adopted by the director of the division of state police in accordance with RSA 158:9-f.
III. (a) Each vehicle used for transporting explosive materials shall be equipped with 2 fire extinguishers having a combined rating of at least 2-A, 10 B:C as defined in national fire protection association standards. Such extinguishers shall be filled, ready for immediate use, and located near the driver's seat.
(b) A vehicle transporting explosives shall be inspected daily by the driver prior to driving in order to determine that it is in proper condition for safe transportation of explosives and the fire extinguishers are filled and in working order.
(c) No person shall smoke, carry matches or any other flame producing device or carry any unauthorized firearms or loaded cartridges while in or near a vehicle transporting explosive materials, or drive, load or unload such vehicle in a careless or reckless manner.
IV. Vehicles used for transporting explosive materials shall be strong enough to carry the load without difficulty or exceeding the manufacturer's recommended gross vehicle weight and be in good mechanical condition. If vehicles do not have a closed body, the body shall be covered with a flame retardant and moisture proof tarpaulin or other effective protection against moisture and sparks. All vehicles used for the transportation of explosive materials 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 packages of explosives. Packages of explosive materials shall not be loaded above the sides of an open body vehicle. Explosive materials shall not be transported in trailers.
V. Every vehicle transporting any quantity of class A high or class B low explosives as defined by the director of the division of state police shall at all times be attended by a driver or a designee of the motor carrier driving the vehicle. This attendant shall have been made aware of the class of the explosive material in the vehicle and of its inherent dangers by the carrier and shall have been instructed in the measures and procedures to be followed in order to protect the public from those dangers. He shall have been made familiar with the vehicle he is assigned to attend, and shall be trained, supplied with the necessary means, and authorized to move the vehicle when required. For the purpose of this paragraph, a vehicle shall be deemed to be attended only when the driver or other attendant is physically on or in the vehicle or has the vehicle within his range of vision and can reach it quickly without any kind of interference. Attended also means that the driver or attendant is awake, alert and not engaged in other duties or activities which may divert his attention from the vehicle, except for necessary communication with public officers, or representatives of the carrier, shipper or consignee, or except for necessary absence from the vehicle to obtain food or to provide for his physical comfort.
VI. Explosive materials shall not be transported over any prohibited bridge, roadway, or elevated roadway. Except under emergency conditions, no vehicle transporting explosives shall be parked before reaching its destination, even though attended, on any public street adjacent to or in proximity of any bridge, tunnel, dwelling, building, or place where people work, congregate, or assemble.
Source. 1941, 142:1, 3. RL 119:47. 1951, 20:12. RSA 263:76. 1979, 358:6. 1981, 146:1, eff. Jan. 1, 1982.