PROVISIONS FOR HAULIERS IN NUCLEAR TRANSPORT
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RTANT provisions for hauliers aged in the transport of nuclear 11 are contained in the Nuclear ttions Act 1965, which will be it into force shortly
Act does not apply to carriage of ned matter "—that is, radios prepared for use for industrial, tural purposes and the like, natural jaleted uranium or such small quanif nuclear matter as may be pre
by the Minister. So far as operators are concerned, the on of small quantities is a matter eir own law, but in all cases ons must be within the limits internationally by the contracting to the international nuclear tions.
provisions in Sections 12 to 21 iability and claims for any injury tage caused by the radioactive proof nuclear matter, but Sections 12, 17(5)(6), 18, 19 and 21 apply only the nuclear matter is carried on of either (i) the licensed operator nstallation in the UK; (ii) the UK : Energy Authority; (iii) a U.K. intent Department as the operator luelear installation, or a relevant
operator—that is, an operator of allation in a country bound by one international conventions. In such , however, Part VI of the Road Act, 1960 (requirements for cover
third-party risks) does not apply injury so caused (s. 21(5)), and Ily speaking other persons are d of any liability (s. 12(1)(b)).
re nuclear matter is carried within rritorial limits on behalf of any other than one of those listed at above (and excluding the operator telear-powered ship or other means ,sport), absolute liability for injury iage rests on that party under s. 11,
Act does not limit the liability vide effective means for enforcing or relieve other persons of liabiThere is no exemption from he :ments of Part VI of the Road Act, 1960, when carrying for that (or the .operator of a nuclear:d ship).
absolute liability which rests on
the parties (i)-(iv) listed above is. sr, also exclusive—that is, no other y for injury or damage shall ha al by any person in respect of that or damage (s. 12(1)(b)).
Four Exceptions
-e are four exceptions to this ye liability. First, it does not where there are mixed radioactive --for example, because of the ;e of excepted matter as well as r matter to which the Act applies. lose other effects are identifiable tely (s. 12(3)). Secondly, it does ,ply to liabilities under any Act to give effect to CMR (s. 12(4))— , the Carriage of Goods by Road 965, when in force, or, thirdly, in any case where a foreign operator is not by his law bound to meet a claim for damage to the means of transport (s. 21(2)). Fourthly, the compensation payable to any person in respect of injury or damage may be reduced where his injury or damage is attributable partly or wholly to an act of his own, intended to cause. harm or committed with reckless disregard for the consequences. (s. 13(6)),
A Haulier Must . . .
Therefore, before a road haulier carries nuclear matter he must (whatever other' obligations he is under, legally or otherwise): (a) if he is to carry on behalf of one of the parties listed at (i)-(iv) above, obtain delivery of the Certificate of Insurance referred to in paragraph 9 'above, the form of which shortly will be prescribed; and (b) if a consignment is not on behalf of one of the parties listed at (i)-(iv) above, take measures to satisfy Part VI of the Road Traffic Act, 1960, and to cover any liability that might arise because s. 12(1)(b) does not apply in such a ease (see paragraph 5 above).
For practical purposes of transport it can be assumed that the Act simply covers fissile material (except that the Minister of Power may exempt certain small quantities of fissile material under the regulations referred to in paragraph 3 above) other than natural or depleted uranium but including irradiated nuclear fuel. In rare cases, there may be consignments of non-fissile material, although normally this material will travel as excepted matter.
Where it appears from a consignment note or transport document, for example, that a consignment of nuclear material is in question, inquiries should be made if the Certificate referred to in paragraph 9 above had not been obtained before transport. (In case of difficulty the Radiological Adviser, Ministry of Transport, London SE! (Tel: WATerloo 7999, ext. 3298), can he consulted.) It is important to note that Section 13 (6), which provides for compensation to be reduced where the claimant is partly at fault, can he regarded as in substitution of the normal procedure under the Law Reform (Contributory Negligence) Act, 1945. In practice, an act of a guilty employee is likely to be regarded also as an act of the employer. The Act does not debar an operator of a nuclear plant from agreeing to give a complete indemnification to a road carrier if he is so minded or persuaded.