sarabande
Well-Known Member
Clearing old emails from last year, and I found this one from December. I am not sure it sheds as much light on the situation as I wish, though !
Disposal of Time Expired Pyrotechnics (TEPs)
Thank you for your enquiry of 28 November via the MCA Infoline regarding the disposal of time expired pyrotechnics (TEPs).
The disposal of TEPs is a complex issue which cuts across the responsibilities of a number of government departments and devolved administrations. Historically, although not an Maritime and Coastguard Agency (MCA) responsibility the MCA through HM Coastguard has provided limited reception facilities as a moral duty in support of the Agency’s public safety and environmental responsibilities and to encourage the leisure industry in particular to carry appropriate safety equipment.
There is a considerable amount of legislation covering the selling, use, storage, transportation, misuse and disposal of flares within the UK, which includes:
The Manufacture and Storage of Explosives Regulations 2005
Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996
Annex V of Marpol 73/78 (Classifies flares as Hazardous Waste)
Explosive Substances Act 1874
Firearms Act
Explosives Act 1875
Merchant Shipping Act 1995
The above is by no means an exhaustive list of current legislation, the legal views and interpretation of the various parts of legislation is at best changeable, with constant reviews and views changing on a regular basis.
Flares are included under the Manufacture and Storage of Explosives Regulations 2005 and are considered to be an explosive substance under the following definitions:
“capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such speed as could cause damage to surroundings or”
“designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of a non-detonative, self-sustaining, exothermic chemical reaction:
Flares are also a defined as Class 1 explosive.
Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 sets out the use and misuse of distress signals at sea, the penalties upon summary conviction of misuse can include fines and or imprisonment of up to £5,000 or up to 2 years imprisonment (Regulation 6).
It is not permitted to fire red distress flares on land or in conjunction with a firework festival or other celebration. However under certain conditions and with permission it is permissible to use non red distress flares at training demonstrations under controlled conditions providing that they are in date. Out of date pyrotechnics should not be used due to the potential degradation of the explosives, which may result in a misfire.
Marine Guidance Note (MGN) 256 sets the current position with regard to the disposal of TEPs. There are also commercial disposal companies who are licensed to dispose of hazardous waste, details of which can be found on the internet/ Yellow Pages etc. A consistent policy is in place within MCA with regard to disposal of TEPs that policy has recently been reiterated to all Coastguard Stations and remains as stated in MGN 256.
Further information on pyrotechnics can be found in the following:
International Code of Signals
MERSAR Manual
International Regulations for the Prevention of Collisions at Sea 1972 (Colregs) Rule 37 and Annex IV) this information is also available from Merchant Shipping Notice 1781.
Merchant Shipping Notice 1547 – Distress Signals.
The MCA through the United Kingdom Search and Rescue (UKSAR) Consultative Committees, Operators Group and Strategic Committee have raised and discussed the current difficulties and the subject is now to be discussed at an Extraordinary meeting of the Government Interdepartmental Group (GIG) early in the new year. The GIG is made up of all government stakeholders who have a responsibility for water safety in the UK, where it is hoped that a practical solution can be agreed.
I hope that the above will prove useful to your research.
Yours sincerely
Disposal of Time Expired Pyrotechnics (TEPs)
Thank you for your enquiry of 28 November via the MCA Infoline regarding the disposal of time expired pyrotechnics (TEPs).
The disposal of TEPs is a complex issue which cuts across the responsibilities of a number of government departments and devolved administrations. Historically, although not an Maritime and Coastguard Agency (MCA) responsibility the MCA through HM Coastguard has provided limited reception facilities as a moral duty in support of the Agency’s public safety and environmental responsibilities and to encourage the leisure industry in particular to carry appropriate safety equipment.
There is a considerable amount of legislation covering the selling, use, storage, transportation, misuse and disposal of flares within the UK, which includes:
The Manufacture and Storage of Explosives Regulations 2005
Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996
Annex V of Marpol 73/78 (Classifies flares as Hazardous Waste)
Explosive Substances Act 1874
Firearms Act
Explosives Act 1875
Merchant Shipping Act 1995
The above is by no means an exhaustive list of current legislation, the legal views and interpretation of the various parts of legislation is at best changeable, with constant reviews and views changing on a regular basis.
Flares are included under the Manufacture and Storage of Explosives Regulations 2005 and are considered to be an explosive substance under the following definitions:
“capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such speed as could cause damage to surroundings or”
“designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of a non-detonative, self-sustaining, exothermic chemical reaction:
Flares are also a defined as Class 1 explosive.
Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 sets out the use and misuse of distress signals at sea, the penalties upon summary conviction of misuse can include fines and or imprisonment of up to £5,000 or up to 2 years imprisonment (Regulation 6).
It is not permitted to fire red distress flares on land or in conjunction with a firework festival or other celebration. However under certain conditions and with permission it is permissible to use non red distress flares at training demonstrations under controlled conditions providing that they are in date. Out of date pyrotechnics should not be used due to the potential degradation of the explosives, which may result in a misfire.
Marine Guidance Note (MGN) 256 sets the current position with regard to the disposal of TEPs. There are also commercial disposal companies who are licensed to dispose of hazardous waste, details of which can be found on the internet/ Yellow Pages etc. A consistent policy is in place within MCA with regard to disposal of TEPs that policy has recently been reiterated to all Coastguard Stations and remains as stated in MGN 256.
Further information on pyrotechnics can be found in the following:
International Code of Signals
MERSAR Manual
International Regulations for the Prevention of Collisions at Sea 1972 (Colregs) Rule 37 and Annex IV) this information is also available from Merchant Shipping Notice 1781.
Merchant Shipping Notice 1547 – Distress Signals.
The MCA through the United Kingdom Search and Rescue (UKSAR) Consultative Committees, Operators Group and Strategic Committee have raised and discussed the current difficulties and the subject is now to be discussed at an Extraordinary meeting of the Government Interdepartmental Group (GIG) early in the new year. The GIG is made up of all government stakeholders who have a responsibility for water safety in the UK, where it is hoped that a practical solution can be agreed.
I hope that the above will prove useful to your research.
Yours sincerely
