Airbags and Seatbelt Pre-Tensioners: Exemption under Explosives (Jersey) Law 1970

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A decision made 30 June 2015:

Decision Reference: MD-HA-2015-0047
Decision Summary Title :	Explosives (Jersey) Law 1970 – exemption relating to airbags and seatbelt pretensioners		Date of Decision Summary:	30 June 2015
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Explosives (Jersey) Law 1970 – exemption relating to airbags and seatbelt pretensioners		Date of Written Report:	30 June 2015
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Explosives (Jersey) Law 1970 – exemption in respect of airbags and seatbelt pretensioners.
Decision(s): The Minister decided to exempt airbags and seatbelt pretensioners from the provisions of the Explosives (Jersey) Law 1970, subject to the conditions set out in the attached report.
Reason(s) for Decision: Article 14 of the Explosives (Jersey) Law 1970 provides that the Minister may, at her absolute discretion, grant exemption from the operation of any of the provisions of the Explosives (Jersey) Law 1970 (other than Article 8).
Resource Implications: None.
Action required: The Executive Officer, Home Affairs, to notify the Explosives Licensing Officer of the granting of the exemption.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Airbags and Seatbelt Pre-Tensioners: Exemption under Explosives (Jersey) Law 1970

REPORT FOR MINISTER FOR HOME AFFAIRS

Exemption under the Explosives (Jersey) Law 1970 – Airbags and seatbelt pretensioners

Background

Article 14 of the Explosives (Jersey) Law 1970 gives the Minister the power to grant exemptions.

Article 14(1) reads:

‘The Minister may, at his or her absolute discretion, grant exemption from the operation of any of the provisions of this law, other than Article 8 (Fireworks), and may attach conditions to any exemption so granted and any conditions so attached may at any time be varied or withdrawn.’

Legal Framework in the UK

In the UK, there is already authority for air bags, and supplementary restraint systems (SRS’) generally, to be imported without an explosives licence.

Essentially, the current UK legal framework dates back to when the Manufacture and Storage of Explosives Regulations (MSER) were introduced in 2005. At that time, the definition of explosives was linked to UN Class 1, which is the approach taken at Article 2 of our new Explosives (Jersey) Law 2014. Insofar as this affects the classification of air bags, there is no longer a need, in the UK, to apply for exemptions from the MSER; rather, all items are classified in schedules with a hazard code as to whether they constitute no hazard, remain classified as an explosive, or should be treated as other dangerous goods.

Within the Health and Safety Executive’s List of Classified Explosives and Fireworks (LOCEF) Database there are 269 records in respect of airbags. 250 are classified as `no hazard’, 16 are classified for transport as Class 1 (explosives), and 3 as Class 9 (other dangerous goods). Where they are Class 9, they will not be covered by the explosives legislation provided that they are stored within the packaging in which they are supplied. If they are removed from packaging or repackaged such that they would be classified for transport as Class 1, they would be expected to be treated as explosives.

Exemption Granted Previously

In August 1993, the former Defence Committee, having considered a report by the then Police Chief, granted an exemption under the Explosives Law in respect of airbags and seat belt tensioners.. In the report reference was made to the administrative impracticality of attempting to regulate these devices under the law, and the fact that any risks are mitigated by the information provided by the motor manufacturers in relation to the procedures to be followed in the handling of these devices

Consultation with the Health and Safety Inspectorate

The Health and Safety Inspectorate have been consulted and are of the view that the recommendation below in relation to the handling, storage and transport of airbags appear to represent a sensible approach and align with the requirements of the Health and Safety at Work (Jersey) Law 1989.

Recommendations

It is recommended that airbags, and seatbelt pre-tensioners, are exempted from the provisions of the Explosives (Jersey) Law 1970, in accordance with Article 14(1) of the Law and the following:

That air bags and seatbelt pre-tensioners are exempted provided they are annotated as `Hazard Code N/A’ in the LOCEF Database.

That where they are classified as Class 9, they will be exempt provided that they are stored within the packaging in which they are supplied.

That if either they are classified as Class 1, or they are classified as Class 9 and are removed from packaging or repackaged such that they would be classified for transport as Class 1 they would be expected to be treated as explosives.

That seatbelt pre-tensioners listed in the LOCEF Database are similarly exempted (they are all classified as `Hazard Code N/A’).

Executive Officer

Home Affairs

30 June 2015