Made | 3rd May 2001 | ||
Laid before Parliament | 3rd May 2001 | ||
Coming into force | |||
regulations 1, 2 and 14 | 4th June 2001 | ||
Remaining regulations | 3rd July 2001 |
(c) unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference -
(2) In these Regulations, unless the context otherwise requires -
- an assembly of linked parts or components, at least one of which moves, with the appropriate actuators, control and power circuits, and so on, joined together for a specific application, in particular for the processing, treatment, moving or packaging of a material, or
- an assembly of machines which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole, or
- interchangeable equipment modifying the function of a machine, which is placed on the market for the purpose of being assembled with a machine or a series of different machines or with a tractor by the operator himself insofar as this equipment is not a spare part or a tool;
Application
3.
- (1) Subject to regulations 4, 5 and 6, these Regulations shall apply to equipment listed in Schedules 1 and 2, as further defined in Schedule 4.
(2) These Regulations shall apply, and the provisions of paragraphs 1.5.8 and 1.7.4(f) of Schedule 3 to the Supply of Machinery (Safety) Regulations 1992[12] shall not apply, to any equipment listed in Schedules 1 and 2, as further defined in Schedule 4.
Excluded equipment
4.
These Regulations shall not apply to -
5.
These Regulations shall not apply to equipment placed on the market before 3rd July 2001.
6.
- (1) Subject to paragraph (2), these Regulations shall not apply to equipment placed on the market or put into service on or before 2nd January 2002 which comply with any provisions with which they would have been required to comply for them to be placed on the market in the United Kingdom on 2nd July 2001.
(2) The exclusion provided in paragraph (1) shall not apply in the case of equipment which -
General duty relating to placing on the market or putting into service
7.
- (1) Subject to regulation 8, no person, who is a responsible person, shall place on the market or put into service any equipment listed in Schedules 1 and 2 and further defined in Schedule 4 unless the requirements of paragraph (2) have been complied with in relation to it.
(2) The requirements in respect of equipment described in paragraph (1) are that:
(3) In respect of equipment to be placed on the market or put into service in the United Kingdom, the declaration of conformity shall be in English.
(4) A specimen of the declaration of conformity shall be retained by the responsible person for 10 years from the date on which the type of equipment was last manufactured, together with the technical documentation as provided for in Schedule 8 point 3, Schedule 9 point 3, Schedule 10 point 2, and Schedule 11 points 3.1 and 3.3.
(5) Type-examination certificates issued and measurements of equipment carried out under the Regulations listed in regulation 1(4) may be used in drawing up the technical documentation referred to in paragraph (4) above.
(6) Paragraph (1) shall only apply to equipment that is placed on the market or put into service as an entire unit suitable for the intended use of that equipment.
Permissible sound power level of equipment
8.
- (1) The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 1 and defined in Schedule 4 are that the guaranteed sound power level does not exceed the applicable permissible sound power level as laid down in the table set out in Schedule 3 and as calculated in accordance with the provisions in Schedule 6.
(2) The sound power levels in the column headed "Stage I" of the table set out in Schedule 3 shall apply from 3rd January 2002 and those in the column headed "Stage II" of the said table shall apply from 3rd January 2006.
(3) The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 2 and defined in Schedule 4 are that the guaranteed sound power level shall be marked on the equipment.
Exceptions to placing on the market and putting into service of certain equipment
9.
For the purposes of regulation 7, equipment shall not be regarded as being placed on the market or put into service -
save that this paragraph shall not apply if the CE marking, or any inscription liable to be confused therewith, is affixed thereto; or
(b) by the showing at trade fairs, exhibitions, demonstrations and similar events, of that equipment in respect of which the provisions of these Regulations are not satisfied if -
(ii) adequate safety measures are taken during demonstrations to ensure the protection of persons.
Conformity assessment procedures
10.
For the purposes of regulation 7(2)(b), the appropriate conformity assessment procedure is:
CE marking and indication of the guaranteed sound power level
11.
- (1) The CE marking shall be accompanied by the indication of the guaranteed sound power level.
(2) The CE marking and the indication of the guaranteed sound power level shall be affixed in a visible, legible and indelible form to each item of equipment.
(3) Subject to paragraph (4), where the equipment is subject to other directives covering other aspects which provide for the affixing of the CE marking, the latter shall indicate that the equipment in question is also presumed to conform to the provisions of those other directives.
(4) Where one or more of the other directives referred to in paragraph (3) allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only with the directives applied by the manufacturer, and in this case, particulars of the directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the directives and accompanying the equipment.
(5) The affixing of markings or inscriptions on equipment which are likely to be misleading as to the meaning or form of the CE marking or to the indication of the guaranteed sound power level is prohibited.
(6) Any other marking may be affixed to equipment provided that the visibility and legibility of the CE marking and the indication of the guaranteed sound power level is not thereby reduced.
Provision of data
12.
A copy of the declaration of conformity shall be sent by the responsible person to the Secretary of State at the Department of Trade and Industry[13] at such address as he shall from time to time require and to the Commission[14] within 28 days of placing the equipment on the market.
Notified Bodies
13.
For the purposes of these Regulations, a notified body is a body which has been appointed to carry out one or more of the conformity assessment procedures mentioned or referred to in regulation 10 and which has been -
14.
- (1) The Secretary of State may from time to time appoint such persons as he thinks fit to be notified bodies for the purposes of these Regulations.
(2) An appointment -
(3) Subject to paragraphs (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
(4) A notified body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if -
(5) If for any reason the appointment of a notified body is terminated under this regulation, the Secretary of State may -
(6) Where a notified body is minded to refuse to issue a report or conformity certificate it shall -
Fees
15.
- (1) Without prejudice to the power of the Secretary of State, where he is appointed as a notified body in the United Kingdom, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973[15] and subject to paragraph (2), a notified body appointed by the Secretary of State may charge such fees in connection with, or incidental to, carrying out its duties in relation to the functions referred to in regulation 14(2)(c) as it may determine; provided that such fees shall not exceed the sum of the following -
(2) The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.
Conditions for equipment being taken to conform
16.
- (1) Subject to paragraph (2), any equipment which -
shall be taken to conform with all the provisions of these Regulations which apply to it, including the appropriate conformity assessment procedure specified in regulation 10, unless there are reasonable grounds for suspecting that it does not so conform.
(2) Paragraph (1) does not apply in relation to an enforcement authority where a person fails or refuses to make available to the enforcement authority the documentation which he is required, by the conformity assessment procedure which applies to that equipment, to retain a copy thereof.
Enforcement
17.
- (1) Subject to paragraph (2), Schedule 13 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.
(2) Where an enforcement authority has reasonable grounds for suspecting that the CE marking and the indication of the guaranteed sound power level has been affixed to equipment and in relation to which any provision of these Regulations except the requirements in regulation 8(1) has not been complied with it may serve notice in writing on -
and subject to paragraph (3), no other action pursuant to Schedule 13 may be taken, and no proceedings may be brought pursuant to regulation 18, in respect of that equipment until such notice has been given and the person to whom it is given has failed to comply with its requirements.
(3) A notice which is given under paragraph (2) shall -
(d) warn that person that if the non-conformity continues after, or if satisfactory evidence has not been provided within, the period specified in the notice, further action may be taken under these Regulations in respect of that equipment or equipment of the same type placed on the market or put into service by that person.
Offences
18.
Any person who -
shall be guilty of an offence.
Penalties
19.
- (1) A person guilty of an offence under regulation 18(a) shall be liable on summary conviction -
or to both.
(2) A person guilty of an offence under regulation 18(b), (c) or paragraphs 9, 10, 11(1) or (2) of Schedule 13 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence of due diligence
20.
- (1) Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 18 above it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) Where in any proceedings against any person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due -
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.
(3) A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
(4) It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular -
Liability of persons other than the principal offender
21.
- (1) Where the commission by any person of an offence under regulation 18 is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
(2) Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) In this regulation, references to a "body corporate" include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Consequential amendments
22.
- (1) In the Provision and Use of Work Equipment Regulations 1998[16] in Schedule 1 there shall be added at the end of column one the words "The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001" and at the end of column two the words "S.I. 2001/1701".
(2) In the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999[17], in Schedule 2 there shall be added at the end of column one the words "The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001" and at the end of column two the words "S.I. 2001/1701".
Sainsbury of Turville,
Parliamentary Under-Secretary of State for Science and Innovation, Department of Trade and Industry
3rd May 2001
Type of equipment |
Net installed power P (in kW) Electric power Pel(1) in kW Mass of appliance m in kg Cutting width L in cm |
Permissible sound power level in dB/1 pW | |
Stage I as from 3 January 2002 | Stage II as from 3 January 2006 | ||
Compaction machines (vibrating rollers, vibratory plates, vibratory rammers) |
P8 8<P70 P>70 |
108 109 89 + 11 lg P |
105 106 86 + 11 lg P |
Tracked dozers, tracked loaders, tracked excavator-loaders |
P 55 P> 55 |
106 87 + 11 lgP |
103 84 + 11 lgP |
Wheeled dozers, wheeled loaders, wheeled excavator-loaders, dumpers, graders, loader-type landfill compactors, combustion-engine driven counter balanced lift trucks, mobile cranes, compaction machines (non-vibrating rollers), paver-finishers, hydraulic power packs |
P55 P>55 |
104 85 + 11 lgP |
101 82 + 11 lgP |
Excavators, builders' hoists for the transport of goods, constrction winches, motor hoes |
P15 P>15 |
96 83 + 11 lgP |
93 80 + 11 lgP |
Hand-held concrete-breakers and picks |
m15 15 < m < 30 m≥ 30 |
107 94 + 11 lgm 96 + 11 lgm |
105 92 + 11 lgm 94 + 11 lgm |
Tower cranes | 98 + lgP | 96 + lgP | |
Welding and power generators |
Pel 2 2 <Pel 10 Pel > 10 |
97 + lg Pel 98 + lgPel 97 + lgPel |
95 + lg Pel 96 + lgPel 95 + lgPel |
Compressors |
P 15 P > 15 |
99 97 + 2 lgP |
97 95 + 2 lgP |
Lawnmowers lawn trimmers/lawn edge trimmers |
L 50 50 < L 70 70 < L 120 L > 120 |
96 100 100 105 |
94(2) 98 98(2) 103(2) |
(2) Indicative figures only. Definitive figures will depend on amendment of the Directive following the report required in Article 20(3). In the absence of any such amendment, the figures for stage I will continue to appy for stage II.
The permissible sound power level shall be rounded to the nearest whole number (less than 0.5 use lower number; greater than or equal to 0.5 use higher number).
(ii) either one upper landing or a work area extending to the end of the guide (e.g. a roof), having a load-carrying device:
4.
Building site band saw machine
A hand-fed powered machine weighing less than 200 kg fitted with a single circular saw blade in the form of a continuous band mounted on and running between two or more pulleys.
5.
Building site circular saw bench
A hand-fed machine weighing less than 200 kg fitted with a single circular sawblade (other than a scoring saw) with a diameter of 350 mm or more, up to a maximum diameter of 500 mm, which is fixed during the normal cutting operation, and a horizontal table, all or part of which is fixed during operation. The sawblade is mounted on a horizontal non-tilting spindle, the position of which remains stationary during machining. The machine may have any of the following features:
- the facility for the sawblade to be raised and lowered through the table
- machine frame below the table may be open or enclosed
- the saw may be fitted with an additional, manually operated travelling table (not adjacent to the sawblade).
6.
Chain saw, portable
A power-driven tool designed to cut wood with a saw chain and consisting of an integrated compact unit of handles, power source and cutting attachment, designed to be supported with two hands.
7.
Combined high pressure flusher and suction vehicle
A vehicle which may work either as a high pressure flusher or as a suction vehicle. See high pressure flusher and suction vehicle.
8.
Compaction machine
A machine which compacts material, eg rock fills, soil or asphalt surfacing, through a rolling, tamping or vibrating action of the working tool. It may be self-propelled, towed, walk-behind or an attachment to a carrying machine. Compaction machines are subdivided as follows:
- rollers for ride-on operators: self-propelled compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres; the operator's station is an integral part of the machine
- walk-behind rollers: self-propelled compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres in which the operation facilities for travelling, steering, braking and vibrating are disposed in such a way that the machines have to be operated by an attending operator or by remote control
- towed roller: compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres which do not possess an independent drive system and where the operator's station is to be found on a tractor unit
- vibratory plates and vibratory rammers: compaction machines with mainly flat base plates which are made to vibrate. They are operated by an attending operator or as an attachment to a carrier machine
- explosion rammers: compaction machines with mainly a flat pad as the compacting tool which is made to move in a predominantly vertical direction by explosion pressure. The machine is operated by an attending operator.
9.
Compressor
Any machine for use with interchangeable equipment which compresses air, gases or vapours to a pressure higher than the inlet pressure. A compressor comprises the bare compressor itself, the prime mover and any component or device supplied, which is necessary for safe operation of the compressor.
Excluded are the following categories of device:
- fans, i.e. devices producing air circulation at a positive pressure of not more than 110,000 pascals
- vacuum pumps, i.e. devices or appliances for extracting air from an enclosed space at a pressure not exceeding atmospheric pressure
- gas turbine engines.
10.
Concrete-breakers and picks, hand held
Powered (by any method) concrete-breakers and picks used to perform work on civil engineering and building sites.
11.
Concrete or mortar mixer
A machine to prepare concrete or mortar, irrespective of the loading, mixing and emptying process. It may be operated intermittently or constantly. Concrete mixers on trucks are called truck mixers (see definition 55).
12.
Construction winch
A power-operated, temporarily installed lifting appliance which is equipped with means for raising and lowering a suspended load.
13.
Conveying and spraying machine for concrete and mortar
Items of plant pumping and spraying concrete or mortar, with or without agitator, whereby the material to be transported is conveyed to the placing position through pipelines, distribution devices or distribution booms. Conveyance is carried out:
- for concrete mechanically, by piston or rotor pumps
- for mortar mechanically by piston, worm, hose and rotor pumps or pneumatically by compressors with or without air chamber.
These machines may be mounted on trucks, trailers or special vehicles.
14.
Conveyor belt
A temporarily installed machine suitable for transporting material by means of a power-driven belt.
15.
Cooling equipment on vehicles
A cargo space refrigeration unit on vehicle categories N2, N3, O3 and O4 as defined by Directive 70/156/EEC.
The refrigeration unit may be powered by means of an integral part of the refrigeration unit, a separate part attached to the vehicle body, a driving engine of the vehicle, or by an independent or standby power source.
16.
Dozer
A self-propelled wheeled or crawler machine used to exert a push or pull force through mounted equipment.
17.
Drill rig
A machine which is used for drilling holes on construction sites by:
- percussive drilling
- rotary drilling
- rotary percussive drilling.
Drill rigs are stationary during drilling. They may move from one place of work to another, under their own power. Self-propelled drill rigs include those mounted on lorries, wheeled chassis, tractors, crawlers, skid bases (pulled by winch). When drill rigs are mounted on lorries, tractors and trailers, or are wheel-based, transportation may be carried out at higher speeds and on public roads.
18.
Dumper
A self-propelled wheeled or crawler machine having an open body, which either transports and dumps or spreads material. Dumpers may be equipped with integral self-loading equipment.
19.
Equipment for loading and unloading of silos or tanks on trucks
Powered devices attached to silo or tanker trucks for loading or unloading of liquids or bulk material by means of pumps or similar equipment.
20.
Excavator, hydraulic or rope-operated
A self-propelled crawler or wheeled machine having an upper structure capable of a minimum of 360 degrees rotation, which excavates, swings and dumps material by the action of a bucket fitted to the boom and arm or telescopic boom, without moving the chassis or undercarriage during any one cycle of the machine.
21.
Excavator-loader
A self-propelled wheeled or crawler machine having a main structural support designed to carry both a front-mounted bucket loading mechanism and a rear-mounted backhoe. When used in the backhoe mode, the machine normally digs below ground level with bucket motion towards the machine. The backhoe lifts, swings and discharges material while the machine is stationary. When used in the loader mode, the machine loads or excavates through forward motion of the machine, and lifts, transports and discharges material.
22.
Glass recycling container
A container, built of whatever material, that is used for the collection of bottles. It is equipped with at least one opening for filling in bottles and another one for emptying the container.
23.
Grader
A self-propelled wheeled machine having an adjustable blade, positioned between front and rear axles, which cuts, moves and spreads material usually to grade requirements.
24.
Grass trimmer/grass edge trimmer
A combustion-engine driven portable hand-held unit fitted with flexible line(s), string(s), or similar non-metallic flexible cutting elements, such as pivoting cutters, intended to cut weeds, grass or similar soft vegetation. The cutting device operates in a plane approximately parallel (grass trimmer) or perpendicular (grass edge trimmer) to the ground.
25.
Hedge trimmer
Hand-held, integrally driven powered equipment which is designed for use by one operator for trimming hedges and bushes utilising one or more linear reciprocating cutter blades.
26.
High pressure flusher
A vehicle equipped with a device to clean sewers or similar installations by means of a high pressure water jet. The device may be either mounted on a proprietary vehicular truck chassis or incorporated into its own chassis embodiment. The equipment may be fixed or demountable as in the case of an exchangeable bodywork system.
27.
High pressure water jet machine
A machine with nozzles or other speed-increasing openings which allow water, also with admixtures, to emerge as a free jet. In general, high pressure jet machines consist of a drive, a pressure generator, hose lines, spraying devices, safety mechanisms, controls and measurement devices. High pressure water jet machines may be mobile or stationary:
- mobile high pressure water jet machines are mobile, readily transportable machines which are designed to be used at various sites, and for this purpose are generally fitted with their own undergear or are vehicle-mounted. All necessary supply lines are flexible and readily disconnectable
- stationary high pressure water jet machines are designed to be used at one site for a length of time but capable of being moved to another site with suitable equipment. Generally skid or frame-mounted with supply line capable of being disconnected.
28.
Hydraulic hammer
Equipment which uses the hydraulic power source of the carrier machine to accelerate a piston (sometimes gas-assisted), which then hits a tool. The stress wave generated by kinetic action flows through the tool into the material, which causes the material to break. Hydraulic hammers need a supply of pressurised oil to function. The complete carrier/hammer unit is controlled by an operator, usually seated in the cabin of the carrier.
29.
Hydraulic power pack
Any machine for use with interchangeable equipment which compresses liquids to a pressure higher than the inlet pressure. It means an assembly of a prime mover, pump, with or without reservoir and accessories (e.g. controls, pressure relief valve).
30.
Joint cutter
A mobile machine intended for the production of joints in concrete, asphalt and similar road surfaces. The cutting tool is a rotating high speed disc. The forward motion of the joint cutter can be
- manual
- manual with mechanical assistance
- power-driven
31.
Landfill compactor, loader-type with bucket
A self-propelled wheeled compaction machine having a front-mounted loader linkage with a bucket having steel wheels (drums) primarily designed to compact, move, grade, and load soil, landfill or sanitary (refuse) materials.
32.
Lawnmower
A walk-behind or ride-on grass cutting machine or a machine with grass-cutting attachment(s) where the cutting device operates in a plane approximately parallel to the ground and which uses the ground to determine the height of cut by means of wheels, air cushion or skids, etc., and which utilises an engine or an electric motor for a power source.
The cutting devices are either:
- rigid cutting elements, or
- non-metallic filament line(s) or freely pivoting non-metallic cutter(s) with a kinetic energy of more than 10 J each; the kinetic energy is determined using EN 786:1997, Annex B.
Also a walk-behind or ride-on grass cutting machine or a machine with grass-cutting attachment(s) where the cutting device is rotating about a horizontal axis to provide a shearing action with a stationary cutter bar or knife (cylinder mower).
33.
Lawn trimmer/lawn edge trimmer
An electrically powered walk-behind or hand-held grass cutting machine with cutting element(s) of non-metallic filament line(s) or freely pivoting non-metallic cutters with a kinetic energy of not more than 10 J each, intended to cut grass or similar soft vegetation. The cutting element(s) operate(s) in a plane approximately parallel (lawn trimmer) or perpendicular (lawn edge trimmer) to the ground. The kinetic energy is determined using EN 786:1997, Annex B.
34.
Leaf blower
A powered machine appropriate to clear lawns, paths, ways, streets, etc. of leaves and other material by means of a high velocity air flow. It may be portable (hand-held) or not portable but mobile.
35.
Leaf collector
A powered machine suitable for collecting leaves and other debris using a suction device consisting of a power source which produces a vacuum inside the machine and a suction nozzle and a container for the collected material. It may be portable (hand-held) or not portable but mobile.
36.
Lift truck, combustion-engine driven, counterbalanced
A wheeled, internal combustion-engine driven lift truck with counterweight and lifting equipment (mast, telescopic arm or articulated arm). These are:
- rough terrain trucks (wheeled counterbalanced trucks intended primarily for operation on unimproved natural terrain and on disturbed terrain of, e.g., construction sites)
- other counterbalanced lift trucks, excluded are those counterbalanced lift trucks that are specifically constructed for container handling.
37.
Loader
A self-propelled wheeled or crawler machine having an integral front-mounted bucket-supporting structure and linkage, which loads or excavates through forward motion of the machine, and lifts, transports and discharges material.
38.
Mobile crane
A self-powered jib crane capable of travelling, loaded or unloaded, without the need for fixed runways and relying on gravity for stability. It operates on tyres, crawlers or with other mobile arrangements. In fixed positions it may be supported by outriggers or other accessories increasing its stability. The superstructure of a mobile crane may be of the type of full-circle slewing, of limited slewing or non-slewing. It is normally equipped with one or more hoists and/or hydraulic cylinders for lifting and lowering the jib and the load. Mobile cranes are equipped either with telescopic jibs, with articulated jibs, with lattice jibs or a combination of these, of such a design that may readily be lowered. The loads suspended from the jib may be handled by hook block assemblies or other load-lifting attachments for special services.
39.
Mobile waste container
An appropriate designed container fitted with wheels intended to store waste temporarily, and which is equipped with a cover.
40.
Motor hoe
A self-propelled machine designed to be pedestrian-controlled
- with or without support wheel(s), in such a way that its working elements act as hoeing tools to ensure propulsion (motor hoe), and
- propelled by one or various wheel(s) directly actuated from the engine and equipped with hoeing tools (motor hoe with drive wheel(s)).
41.
Paver-finisher
A mobile road construction machine used for the purpose of applying layers of construction material, such as bituminous mix, concrete and gravel on surfaces. Paver-finishers may be equipped with a high-compaction screed.
42.
Piling equipment
Pile installation and extraction equipment, e.g. impact hammers, extractors, vibrators or static pile pushing/pulling devices of an assembly of machines and components used for installation or extraction of piles, which also includes:
- piling rig consisting of carrier machine (crawler, wheel or rail mounted, floating leader attachment, leader or guiding system)
- accessories, e.g. pile caps, helmets, plates, followers, clamping devices, pile handling devices, pile guides, acoustic shrouds and shock/vibration absorbing devices, power packs/generators and personal lifting devices or platforms.
43.
Pipelayer
A self-propelled crawler or wheeled machine specifically designed to handle and lay pipes and carry pipeline equipment. The machine, the design of which is based on a tractor, has especially designed components such as undercarriage, main frame, counterweight, boom and load-hoist mechanism, and vertically pivoting side boom.
44.
Piste caterpillar
A self-propelled crawler machine used to exert a push or pull force on snow and ice through mounted equipment.
45.
Power generator
Any device comprising an internal combustion engine driving a rotary electrical generator producing a continuous supply of electrical power.
46.
Power sweeper
A sweeping collection machine having equipment to sweep debris into the path of a suction inlet that would then pneumatically by way of a high velocity airstream or with a mechanical pick-up system convey the debris to a collection hopper. The sweeping and collecting devices may either be mounted to a proprietary vehicular truck chassis or incorporated into its own chassis embodiment. The equipment can be fixed or demountable as in the case of an exchangeable bodywork system.
47.
Refuse collection vehicle
A vehicle designed for the collection and transportation of domestic and bulky waste based on loading via containers or by hand. The vehicle may be equipped with a compaction mechanism. A refuse collection vehicle comprises a chassis with cab onto which the bodywork is mounted. It may be equipped with a container lifting device.
48.
Road-milling machine
A mobile machine used for removing material from paved surfaces using a power-driven cylindrical body, on which surface the milling tools are fitted; the cutter drums rotate during the cutting operation.
49.
Scarifier
A walk-behind or ride-on powered machine which uses the ground to determine the depth of cut and which is equipped with an assembly appropriate to slit or scratch the surface of the lawn in gardens, parks and other similar areas.
50.
Shredder/chipper
A powered machine designed for use in a stationary position having one or more cutting devices for the purpose of reducing bulk organic materials to smaller pieces. Generally it consists of a feed intake opening through which material (which may be held by an appliance or not) is inserted, a device which cuts up the material by whatever method (cutting, chopping, crushing or other methods) and a discharge chute through which the cut material is discharged. A collecting device may be attached.
51.
Snow-removing machine with rotating tools
A machine with which snow can be removed from traffic areas by rotating means, accelerated and ejected by blower means.
52.
Suction vehicle
A vehicle equipped with a device to collect water, mud, sludge, refuse or similar material from sewers or similar installations by means of a vacuum. The device may be either mounted on a proprietary vehicular truck chassis or incorporated into its own chassis embodiment. The equipment may be fixed or demountable as in the case of an exchangeable bodywork system.
53.
Tower crane
A slewing jib crane with the jib located at the top of a tower which stays approximately vertical in the working position. This power-driven appliance is equipped with means for raising and lowering suspended loads and for the movement of such loads by changing the load-lifting radius, slewing, travelling of the complete appliance. Certain appliances perform several but not necessarily all of these movements. The appliance can be installed in a fixed position or equipped with means for displacing or climbing.
54.
Trencher
A self-propelled, ride-on or pedestrian-controlled, crawler or wheeled machine, having a front- or rear-mounted excavator linkage and attachment, primarily designed to produce trenches in a continuous operation, through a motion of the machine.
55.
Truck mixer
A vehicle which is equipped with a drum to transport ready-mixed concrete from the concrete mixing plant to the job site; the drum may rotate when the vehicle is driving or stands still. The drum is emptied on the job site by rotating the drum. The drum is driven either by the driving engine of the vehicle or by a supplementary engine.
56.
Water pump unit
A machine consisting of a water pump itself and the driving system. Water pump means a machine for the raising of water from a lower to a higher energy level.
57.
Welding generator
Any rotary device which produces a welding current.
- operating conditions including:
- further information.
When testing specific types of equipment, the manufacturer or his authorised representative in the Community may in general choose one of the basic noise emission standards of Part A and apply the operating conditions of Part B for this specific type of equipment. In the event of a dispute, however, the recommended basic noise emission standard laid down in Part B has to be used together with the operating conditions of Part B.
may generally be used subject to the following general supplements:
1.
Measurement uncertainty
Measurement uncertainties are not taken into account in the framework of conformity assessment procedures in the design phase.
2.
Operating of source during test
2.1
Fan speed
If the engine of the equipment or its hydraulic system is fitted with (a) fan(s) it (they) must operate during the test. The fan speed is, in accordance with one of the following conditions, stated and set by the manufacturer of the equipment and must appear in the test report, this speed being used in further measurements.
LpA = 10 lg {0.3 × 10 0.1LpA,, 0% + 0.7 × 100.1LpA, 100%} |
2.2
Test of powered equipment free of load
For these measurements, the engine and hydraulic system of the equipment must be warmed up in accordance with the instructions, and safety requirements must be observed.
The test is carried out with the equipment in a stationary position without operating the working equipment or travelling mechanism. For the purpose of the test, the engine will idle at no less than the rated speed corresponding to the net power[18].
If the machine is powered by a generator or from the mains, the frequency of the supply current, specified for the motor by the manufacturer, shall be stable at ±1 Hz if the machine is equipped with an induction motor, and the supply voltage at ±1% of the rated voltage if the machine is equipped with a commutator motor. The supply voltage is measured at the plug of a non-detachable cable or cord, or at the inlet of the machine if a detachable cable is provided. The waveform of the current supplied from the generator shall be similar to that obtained from the mains.
If the machine is powered by battery, the battery shall be fully charged.
The speed used and the corresponding net power are stated by the manufacturer of the equipment and must appear in the test report.
If the equipment is fitted with several engines, they must work simultaneously during the tests. If this is not possible, each possible combination of engine(s) is to be tested.
2.3
Test of powered equipment under load
For these measurements, the engine (driving device) and hydraulic system of the equipment must be warmed up in accordance with the instructions, and safety requirements must be observed. No signalling device such as a warning horn or reversing alarm is to be operated during the test.
The speed or velocity of the equipment during the test must be recorded and appear in the test report.
If the equipment is fitted with several engines and/or aggregates they must work simultaneously during the tests. If this is not possible, each possible combination of engine(s) and/or aggregates is to be tested.
For each type of equipment that is to be tested under load, specific operating conditions must be laid down which shall, in principle, produce effects and stresses similar to those encountered under actual working conditions.
2.4
Test of hand-operated equipment
Conventional operating conditions for each type of hand-operated equipment shall be laid down that produce effects and stresses similar to those undergone under actual working conditions.
3.
Calculation of surface sound pressure level
The surface sound pressure level shall be determined at least three times. If at least two of the determined values do not differ by more than 1 dB, further measurements will not be necessary; otherwise the measurement shall be continued until two values differing by no more than 1 dB are obtained. The A-weighted surface sound pressure level to be used for calculating the sound power level is the arithmetic mean of the two highest values that do not differ by more than 1 dB.
4.
Information to be reported
The A-weighted sound power level of the source under test shall be reported to the nearest whole number (less than 0.5 use the lower number; greater than or equal to 0.5 use the higher number).
The report shall contain the technical data necessary to identify the source under test as well as the noise test code and the acoustical data.
5.
Additional microphone positions on the hemispherical measurement surface (EN ISO 3744:1995)
In addition to clauses 7.2.1 and 7.2.2 of EN ISO 3744:1995 a set of 12 microphones on the hemispherical measurement surface may be used. The location of 12 microphone positions distributed on the surface of a hemisphere of radius r are listed in the form of Cartesian co-ordinates in the following table. The radius r of the hemisphere shall be equal to or greater than twice the largest dimension of the reference parallelepiped. The reference parallelepiped is defined as the smallest possible rectangular parallelepiped just enclosing the equipment (without attachments) and terminating on the reflecting plane. The radius of the hemisphere shall be rounded to the nearest higher of the following values: 4, 10, 16m.
The number (12) of microphones may be reduced to six, but the microphone positions 2, 4, 6, 8, 10 and 12 following the requirements of clause 7.4.2 of EN ISO 3744:1995 have to be used in any case.
Generally the arrangement with six microphone positions on a hemispherical measurement surface has to be used. If there are other specifications laid down in a noise test code in this Directive for a specific equipment, these specifications shall be used.
TABLE
Coordinates of the 12 microphone positions
Number of microphone | x/r | y/r | z |
1 | 1 | 0 | 1.5m |
2 | 0.7 | 0.7 | 1.5m |
3 | 0 | 1 | 1.5m |
4 | -0.7 | 0.7 | 1.5m |
5 | -1 | 0 | 1.5m |
6 | -0.7 | -0.7 | 1.5m |
7 | 0 | -1 | 1.5m |
8 | 0.7 | -0.7 | 1.5m |
9 | 0.65 | 0.27 | 0.71r |
10 | -0.27 | 0.65 | 0.71r |
11 | -0.65 | 0.27 | 0.71r |
12 | 0.27 | -0.65 | 0.71r |
Operating conditions during test
Test free of load:
The noise tests shall be carried out according to Part A item 2.2.
Period(s) of observation/determination of resulting sound power level if more than one operating condition is used
The period of observation shall at least be 15 seconds.
1.
Aerial access platforms with combustion engine
See No. 0
2.
Brush Cutters
Basic noise emission standard
EN ISO 3744:1995
Test area
ISO 10884:1995
Measurement surface/number of microphone positions/measuring distance
ISO 10884:1995
Operating conditions during test
Test under load
ISO 10884:1995, point 5.3
Period(s) of observation
ISO 10884:1995
3.
Builders' hoists for the transport of goods
See No. 0
The geometrical centre of the engine shall be positioned above the centre of the hemisphere; the lift shall move without load and leave the hemisphere - if necessary - in direction of point 1.
4.
Building site band saw machines
Basic noise emission standard
EN ISO 3744:1995
Measurement surface/number of microphone positions/measuring distance
ISO 7960:1995, Annex J with d = 1m
Operating conditions during test
Test under load
Corresponding to ISO 7960:1995, Annex J (point J2(b) only)
Period of observation
Corresponding to ISO 7960:1995, Annex J
5.
Building site circular saw benches
Basic noise emission standard
EN ISO 3744:1995
Measurement surface/number of microphone positions/measuring distance
ISO 7960:1995, Annex A, measurement distance d = 1m
Operating conditions during test
Test under load
ISO 7960:1995, Annex A (point A2(b) only)
Period of observation
ISO 7960:1995 Annex A
6.
Chain saws, portable
Basic noise emission standard
EN ISO 3744:1995
Test area
ISO 9207:1995
Measurement surface/number of microphone positions/measuring distance
ISO 9207:1995
Operating conditions during test
Test under load/Test free of load
Full load sawing wood/engine at maximum revolution without load
Period(s) of observation/determination of resulting sound power level if more than one operating condition is used
ISO 9207:1995 points 6.3 and 6.4
The resulting sound power level LWA is calculated by:
LWA = 10 lg ½ [100.1LW1 + 100.1LW2] |
7.
Combined High Pressure Flushers and Suction Vehicles
If it is possible to operate both items of equipment simultaneously, this shall be done according to numbers 26 and 52. If not, they shall be measured separately and the higher values are to be stated.
8.
Compaction Machines
See No. 0
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
The vibrating roller shall be installed on one or more appropriate elastic material(s) such as air-cushion(s). These air-cushions shall be made of a supple material (elastomer or similar) and shall be inflated to a pressure ensuring that the machine is elevated by at least 5 cm; resonance effects shall be avoided. The dimension of the cushion(s) shall be such that the stability of the machine under test is ensured.
Test under load
The machine shall be tested in a stationary position with the engine at rated speed (stated by the manufacturer) and the moving mechanism(s) disconnected. The compacting mechanism shall be operated using the maximum compaction power corresponding to the combination of the highest frequency and the highest possible amplitude for that frequency as declared by the manufacturer.
Period of observation
The period of observation shall be at least 15 seconds.
Basic noise emission standard
EN ISO 3744:1995
Test area
EN 500-4 rev. 1:1998, Annex C
Operating conditions during test
Test under load
EN 500-4 rev. 1:1998, Annex C
Period of observation
EN 500-4 rev. 1:1998, Annex C
9.
Compressors
Basic noise emission standard
EN ISO 3744:1995
Measurement surface/number of microphone positions/measuring distance
hemisphere/six microphone positions according to Part A item 5/according to Part A item 5
or
parallelepiped according to ISO 3744:1995 with measurement distance d = 1m
Operating conditions during test
Mounting of equipment
The compressors shall be installed on the reflecting plane; skid-mounted compressors shall be placed on a support 0.40 m high, unless otherwise required by the manufacturer's conditions of installation.
Test under load
The compressor under test shall have been warmed up and be operating in stable conditions as for continuous operation. It shall be properly serviced and lubricated as specified by the manufacturer.
The determination of the sound power level shall be made at full-load or in an operating condition that is reproducible and is representative of the noisiest operation of typical usage of the machine under test, whichever is the noisiest.
Should the layout of the complete plant be such that certain components, e.g. inter-coolers are mounted away from the compressor, endeavours shall be made to separate the noise generated from such parts when performing the noise test. Separation of the various noise sources may require special equipment for the attenuation of the noise from these sources during the measurement. The noise characteristics and description of the operating conditions of such parts shall be given separately in the test report.
During test the gas exhausted from the compressor shall be piped clear of the test area. Care shall be taken to ensure the noise generated by the gas being exhausted is at least 10 dB lower than the noise to be measured at all measurement locations (e.g. by the fitting of a silencer).
Care shall be taken that air discharge does not introduce any extra noise due to turbulence at the compressor discharge valve.
Period of observation
The period of observation shall be at least 15 seconds.
10.
Concrete-breakers and picks, hand-held
Basic noise emission standard
EN ISO 3744:1995
Measurement surface/number of microphone positions/measuring distance
Hemisphere/six microphone positions according to Part A item 5 and the following table/according to mass of equipment as given in the following table:
Mass of equipment m in kg | Radius of hemisphere | z for microphone positions 2, 4, 6 and 8 |
m < 10 | 2m | 0.75m |
m ≥ 10 | 4m | 1.50m |
The conveying system and the pipe shall be filled with a medium similar to concrete, the cement being replaced by an admixture e.g. finest ash. The machine shall operate at its maximum output, the period of one working cycle being not more than five seconds (if this period is exceeded, water shall be added to the "concrete" in order to reach this value).
The conveying system and the pipe shall be filled with a medium similar to finishing mortar, the cement being replaced by an admixture, e.g. methyl cellulose. The machine shall operate at its maximum output, the period of one working cycle being not more than five seconds (if this period is exceeded, water shall be added to the "mortar" in order to reach this value).
Period of observation
The period of observation shall at least be 15 seconds.
14.
Conveyor Belts
See No. 0
The geometrical centre of the engine shall be positioned above the centre of the hemisphere; the belt shall move without load and leave the hemisphere, if necessary, in the direction of point 1.
15.
Cooling equipment on vehicles
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
The cooling equipment shall be installed in a real or simulated cargo space and be tested in a stationary position where the height of the cooling equipment shall be representative of the intended installation requirements according to the instructions supplied to the purchaser. The power source of the cooling equipment shall operate at the rate that causes the maximum speed of the cooling compressor and the fan specified in the instructions. If the cooling equipment is intended to be powered by the driving engine of the vehicle the engine shall not be used during the test and the cooling equipment shall be connected to a suitable electrical power source. Removable tractor units shall be removed during the test.
Cooling equipment installed in cargo-space refrigeration units which have a choice of different power sources shall be tested separately for each power source. The test result reported shall as a minimum reflect the mode of operation which leads to the maximum noise output.
Period of observation
The period of observation shall be at least 15 seconds.
16.
Dozers
Basic noise emission standard
EN ISO 3744:1995
Test area
ISO 6395:1988
Measurement surface/number of microphone positions/measuring distance
ISO 6395:1988
Operating conditions during test
Mounting of equipment
Crawler dozers shall be tested on the test site corresponding to point 6.3.3 of ISO 6395:1988
Test under load
ISO 6395:1988, Annex B
Period(s) of observation and consideration of different operating conditions, if any
ISO 6395:1988, Annex B
17.
Drill rigs
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
EN 791:1995, Annex A
Period of observation
The period of observation shall at least be 15 seconds.
18.
Dumpers
Basic noise emission standard
EN ISO 3744:1995
Test area
ISO 6395:1988
Measurement surface/number of microphone positions/measuring distance
ISO 6395:1988
Operating conditions during test
Test under load
Equivalent ISO 6395:1988, Annex C, with the following amendment:
C4.3, second paragraph is replaced by:
Period(s) of observation/determination of resulting sound power level if more than one operating condition is used
ISO 6395:1988, Annex C
19.
Equipment for loading and unloading tanks or silos on trucks
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
The equipment shall be tested with the truck in a stationary position. The engine driving the equipment shall operate at the speed that causes the maximum output of the equipment specified in the instructions supplied to the purchaser.
Period of observation
The period of observation shall at least be 15 seconds.
20.
Excavators
Basic noise emission standard
EN ISO 3744:1995
Test area
ISO 6395:1988
Measurement surface/number of microphone positions/measuring distance
ISO 6395:1988
Operating conditions during test
Test under load
ISO 6395:1988, Annex A
Period(s) of observation/determination of resulting sound power level if more than one operating condition is used
ISO 6395:1988, Annex A
21.
Excavator-loaders
Basic noise emission standard
EN ISO 3744:1995
Test area
ISO 6395:1988
Measurement surface/number of microphone positions/measuring distance
ISO 6395:1988
Operating conditions during test
Test under load
ISO 6395:1988, Annex D
Period(s) of observation/determination of resulting sound power level if more than one operating condition is used
ISO 6395:1988, Annex D
22.
Glass recycling containers
Basic noise emission standard
EN ISO 3744:1995
For the purpose of this noise test code the single-event sound pressure level Lpls as defined in EN ISO 3744:1995 point 3.2.2 is used in measuring the sound pressure level at the microphone positions.
Environmental correction K2A
Measurement in the open air
K2A = 0
Measurements indoors
The value of the constant K2A, determined in accordance with Annex A of EN ISO 3744:1995, shall be 2.0 dB in which case K2A shall be disregarded.
Operating conditions during test
The noise measurement shall be carried out during a complete cycle beginning with the empty container and completed when 120 bottles have been thrown into the container.
The glass bottles are defined as follows:
- capacity: 75cl
- mass: 370 ±30 g.
The testing operator holds each bottle by its neck and with its bottom towards the filling aperture and then he pushes it gently inside through the filling aperture in the direction of the centre of the container, avoiding if possible the bottle hitting against the walls. Only one filling aperture is used for throwing the bottles and it is the one nearest to microphone position 12.
Period(s) of observation/determination of resulting sound power if more than one operating condition is used
The A-weighted single-event sound pressure level is preferably simultaneously measured at the six microphone positions for each bottle thrown into the container.
The A-weighted single-event sound power level averaged over the measurement surface is calculated according to EN ISO 3744:1995, point 8.1.
The A-weighted single-event sound pressure level averaged over all 120 throwings of bottles is calculated as the logarithmic mean of the A-weighted single-event sound pressure levels averaged over the measurement surface.
23.
Graders
Basic noise emission standard
EN ISO 3744:1995
Test area
ISO 6395:1988
Measurement surface/number of microphone positions/measuring distance
ISO 6395:1988
Operating conditions during test
Test under load
Corresponding to ISO 6395:1988, Annex B
Period(s) of observation/determination of resulting sound power level if more than one operating condition is used
ISO 6395:1988, Annex B
24.
Grass trimmers/grass edge trimmers
See No. 2
The trimmer shall be positioned by a suitable device in such a way that its cutting device is above the centre of the hemisphere. For grass trimmers, the centre of the cutting device shall be held at a distance of about 50 mm above the surface. In order to accommodate the cutting blades, grass edge trimmers should be positioned as close as possible to the test surface.
25.
Hedge trimmers
Basic noise emission standard
EN ISO 3744:1995
Test area
ISO 11094:1991
in case of dispute, measurements shall be carried out in the open air on the artificial surface (point 4.1.2 to ISO 11094:1991)
Environmental correction K2A
Measurement in the open air
K2A = 0
Measurements indoors
The value of the constant K2A, determined without the artificial surface and in accordance with Annex A of EN ISO 3744:1995, shall be 2.0 dB, in which case K2A shall be disregarded.
Measurement surface/number of microphone positions/measuring distance
ISO 11094:1991
Operating conditions during test
Mounting of equipment
The hedge trimmer shall be held in the natural manner for normal use either by a person or by a suitable device in such a way that its cutting device is above the centre of the hemisphere.
Test under load
The hedge clipper shall be operated at its nominal speed with the cutting device working.
Period of observation
The period of observation shall at least be 15 seconds.
26.
High pressure flushers
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
The high pressure flusher shall be tested in a stationary position. The engine and auxiliary units operate at the speed provided by the manufacturer for the operation of the working equipment; the high pressure pump(s) is (are) operating at its (their) maximum speed and operating pressure provided by the manufacturer. Using an adapted nozzle the pressure reduction valve shall be just on the point of reacting. The flow noise of the nozzle shall not have any influence on the results of the measurements.
Period of observation
The period of observation shall at least be 30 seconds.
27.
High pressure water jet machines
Basic noise emission standard
EN ISO 3744:1995
Measurement surface/number of microphone positions/measuring distance
Parallelepiped/according to EN ISO 3744:1995 with measurement distance d = 1m
Operating conditions during test
Mounting of equipment
The high pressure water jet machine shall be installed on the reflecting plane; skid-mounted machines shall be placed on a support 0.40m high, unless otherwise required by the manufacturer's conditions of installation.
Test under load
The high-pressure cleaning machine shall be brought to its steady-state within the range specified by the manufacturer. During testing the nozzle shall be coupled to the high-pressure cleaning machine that causes the highest pressure if used according to the manufacturer's instructions.
Period of observation
The period of observation shall at least be 15 seconds.
28.
Hydraulic hammers
Basic noise emission standard
EN ISO 3744:1995
Measurement surface/number of microphone positions/measuring distance
Hemisphere/six microphone positions according to Part A, item 5/r=10 m
Operating conditions during tests
Mounting of the equipment
For the test the hammer is attached to a carrier and a special test block structure shall be used. Figure 28.1 gives the characteristics of this structure and Figure 28.2 shows the position of the carrier.
Carrier
The carrier for the test hammer shall meet the requirements of the test hammer's technical specifications especially in weight range, hydraulic output power, supply oil flow and return line back pressure.
Mounting
Mechanical mounting as well as connections (hoses, pipes ...) must correspond to specifications given in the hammer's technical data. All significant noise caused by pipes and various mechanical components needed for installation, ought to be eliminated. All component connections have to be well tightened.
Hammer stability and static hold force
The hammer shall be firmly held down by the carrier in order to give the same stability as that existing under normal operating conditions. The hammer must be operated in an upright position.
Tool
A blunt tool shall be used in the measurements. The length of the tool must meet the requirements given in Figure 28.1 (test block).
Test under load
Hydraulic input and power and oil flow
Operating conditions of the hydraulic hammer shall be appropriately adjusted, measured and reported along with the corresponding technical specification value. The hammer under test must be used in such a way that 90% or more of the maximum hydraulic input power and oil flow of the hammer can be reached.
Care shall be taken that the total uncertainty of the measurement chains of ps and Q is kept within ±5%. This assures the hydraulic input power determination within ±10% accuracy. Assuming linear correlation between hydraulic input power and emitted sound power this would mean variation of less than ±0.4 dB in the determination of the sound power level.
Adjustable components having effect on the hammer power
Pre-settings of all accumulators, pressure central valves and other possible adjustable components must meet the values given in technical data. If more than one fixed impact rate is optional, measurements have to be made using all settings. Minimum and maximum values are presented.
Quantities to be measured
ps The mean value of the hydraulic supply fine pressure during the hammer's operation including at least 10 blows.
Q The mean value of the breaker inlet oil flow measured simultaneously with ps.
T The oil temperature must lie between + 40/+ 60° C during measurements. The temperature of the hydraulic breaker body must have been stabilised to normal operating temperature before starting the measurements.
Pa The prefill gas pressure of all accumulators must be measured in static situation (breaker not operating) at stable ambient temperature of + 15/+ 25° C. The measured ambient temperature shall be recorded with the measured accumulator prefill gas pressure.
Parameters to be evaluated from the measured operating parameters:
PIN Hydraulic input power of the breaker PIN = ps.Q
Hydraulic supply line pressure measurement, ps
- ps must be measured as close to the breaker IN-port as possible.
- ps shall be measured with a pressure gauge (minimum diameter: 100 mm; accuracy class ±1.0% FSO).
Breaker inlet oil flow, Q
- Q must be measured from the supply pressure line as close to the breaker IN-port as possible.
- Q must be measured with an electric flowmeter (accuracy class ±2.5% of the flow reading).
Measuring point of the oil temperature, T
- T must be measured from the oil tank of the carrier or from the hydraulic line connected to the hammer. Measuring point shall be specified in the report.
- accuracy of the temperature reading must lie within ±2° C of the actual value.
Period of observation/determination of resulting sound power level
The period of observation shall be at least 15 seconds.
The measurements are repeated three times, or more if necessary. The final result is calculated as the arithmetic mean of the two highest values that do not differ by more than 1 dB.
LWA = 10 log (0.7 × 100.1LWAc + 0.3 × 100.1LWAa) |
37.
Loaders
Basic noise emission standard
EN ISO 3744:1995
Test area
ISO 6395:1988
Measurement surface/number of microphone positions/measuring distance
ISO 6395:1988
Operating conditions during test
Mounting of equipment
Crawler loaders shall be tested on the test site corresponding to point 6.3.3 of ISO 6395:1988
Test under load
ISO 6395:1988, Annex C
Period(s) of observation/determination of resulting sound power level if more than one operating condition is used
ISO 6395:1988, Annex C
38.
Mobile Cranes
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
If the crane is equipped with outriggers, they shall be fully extended and the crane shall be levelled on its pads in mid position of possible support height.
Test under load
The mobile crane to be tested shall be presented in its standard version as described by the manufacturer. The engine power considered for determination noise limit is the nominal power of the engine used for crane motion. The crane shall be equipped with its maximum permitted counterweight mounted on the slewing structure.
Before carrying out any measurement, the engine and the hydraulic system of the mobile crane shall be brought to their normal working temperature following the instruction of the manufacturer and all relevant safety-related procedures given in the instruction handbook shall be carried out.
If the mobile crane is equipped with several engines, the engine used for the crane's function shall be run. The carrier engine shall be turned off.
If the engine of the mobile crane is fitted with a ventilator, it shall run during the test. If the ventilator can be operated at several speeds, the test shall be carried out with the ventilator running at the highest speed.
The mobile crane shall be measured under the following three ((a) to (c)) or four ((a) to (d)) conditions:
For all working conditions the following shall apply:
- Engine speed at 3/4 of maximum speed specified for crane operation mode with a tolerance of ±2%.
- Acceleration and deceleration at the maximum value without dangerous movements of the load or the hook block.
- Motions at maximum possible speed as given in the instruction manual under the conditions given.
The mobile crane shall be loaded with a load which creates 50% of the maximum rope force. The test consists of hoisting of the load and the immediately following lowering to the starting position. The length of the boom shall be chosen so that the full test lasts 15 to 20 seconds.
With the boom adjusted to an angle of 40° to 50° to the horizontal and without load the upper carriage shall be slewed 90° to the left immediately followed by slewing back to the starting position. The jib shall be at its minimum length. The observation period shall be the time needed to carry out the working cycle.
The test starts with raising the short jib from the lowest working position immediately followed by the lowering of the jib to its original position. The movement shall be executed without load. The duration of the test shall be at least 20 seconds.
With the jib adjusted to an angle of 40° to 50° to the horizontal without load and the jib fully retracted, the telescoping cylinder for the first section only shall be extended together with the first section to its full length and immediately retracted together with the first section.
Period(s) of observation/determination of resulting sound power level if more than one operating condition is used
The resulting sound power level is calculated by:
LWA = 10 log (0.4 × 100.1LWAa + 0.25 × 100.1LWAb + 0.25 × 100.1LWAc + 0.1 × 100.1LWAd) |
LWA = 10 log (0.4 × 100.1LWAa + 0.3 × 100.1LWAb + 0.3 × 100.1LWAc) |
39.
Mobile waste containers
Basic noise emission standard
EN ISO 3744:1995
Test area
- Reflecting surface of concrete or non-porous asphalt
- Laboratory room which provides a free field over a reflecting plane
Environmental correction K2A
Measurement in the open air
K2A = 0
Measurement indoors
The value of the constant K2A, determined in accordance with Annex A to EN ISO 3744:1995, shall be 2.0 dB, in which case K2A shall be disregarded.
Measurement surface/number of microphone positions/measuring distance
Hemisphere/six microphone positions according to Part A item five/r = 3 m
Operating conditions during test
All the measurements shall be carried out with an empty container.
Test No. 1: Free shutting down of the lid along the container body
To minimise his influence on the measurements, the operator shall stand at the back side of the container (hinge side). The lid shall be released by its middle, to prevent warping during its fall.
The measurement is carried out during the following cycle, repeated 20 times:
- initially, the lid is raised vertically
- the lid is released forward, if possible without giving an impulse, with the operator at the back of the container, unmoving until the lid is shut
- after complete shutting, the lid is raised to its initial position.
Note: If necessary the operator can move temporarily to raise the lid.
Test No. 2 Complete opening of the lid
To minimise his influence on the measurements, the operator shall stand at the back side of the container (hinge side) for the four-wheel containers, or on the right side of the container (between microphone position 10 and microphone position 12) for the two-wheel containers. The lid shall be released by its middle or as near as possible to its middle.
To prevent any moving of the container, wheels shall be locked during the test. For the two-wheel containers, and to prevent any bounce of the container, the operator can maintain it by placing his hand on the top rim.
The measurement is carried out during the following cycle:
- initially, the lid is opened horizontally
- the lid is released without giving an impulse
- after complete opening, and before a possible rebound, the lid is raised to its initial position.
Test No. 3: Rolling of the container over an artificial irregular track
For this test, an artificial test track, simulating an irregular ground is used. This test track consists of two parallel strips of steel mesh (6 m long and 400 mm wide), fastened in the reflecting plane approximately every 20 cm. The distance between the two strips is adapted according to the type of container, in order to allow the wheels to roll all over the whole length of the track. The mounting conditions shall ensure a flat surface. If necessary, the track is fastened on the ground with resilient material to avoid emission of parasitic noise.
Note: Every strip can be composed of several 400 mm wide elements fitted together.
An example of adequate track is given in Figures 39.1 and 39.2
The operator is situated at the lid hinge side.
The measurement is carried out while the operator draws the container along the artificial track, with a constant speed of approximately 1 m/s, between point A and B (4.24 m distance - see Figure 39.3) when the wheel axle, for a 2-wheel container, or the first wheel axle for a 4-wheel container, reaches point A and B. This procedure is repeated three times in each direction.
During the test, for a 2-wheel container, the angle between the container and the track shall be 45°. For a 4-wheel container, the operator shall ensure an appropriate contact of all the wheels with the track.
Period(s) of observation/determination of resulting sound power level if more than one operating condition is used
Test Nos 1 and 2: Free shutting down of the lid along the container body and complete opening of the lid
If possible, the measurements are carried out simultaneously at the six microphone positions. Otherwise, the sound levels measured at each microphone position will be classified in increasing order and the sound power levels are calculated by associating the values at each microphone position according to their row.
The A-weighted single-event sound pressure level is measured for each of the 20 shuttings and the 20 openings of the lid at each measurement point. The sound power levels LWAshutting and LWAopening are calculated from the quadratic mean of the five highest values among those obtained.
Test No. 3: Rolling the container over an artificial irregular track
The period of observation T shall be equal to the duration necessary to cover the distance between point A and B on the track.
The sound power level LWArolling is equal to the mean of six values differing by less than 2 dB. If this criterion is not fulfilled with six measurements, the cycle is repeated as far as necessary.
The resulting sound power level is calculated by:
LWA = 10 log 1/3 (100.1LWAshutting + 100.1LWAopening + 100.1LWArolling) |
conveying system | at least 10% of maximum value |
spreading system | at least 40% of maximum value |
tamper (speed, stroke) | at least 50% of maximum value |
vibrators (speed, unbalance moment) | at least 50% of maximum value |
pressure bars (frequency, pressure) | at least 50 per cent of maximum value |
- length: | 150 mm ±0.5 mm |
- nominal external diameter: | 90 mm + 0.3/- 0 mm |
- nominal depth: | 6.7 mm + 0.9/- 0 mm |
LWA = 10 log (0.06 × 100.1LWA1 + 0.53 × 100.1LWA2 + 0.4 × 100.1LWA3 + 0.01 × 100.1LWA4) |
(H = h/2) |
The other two microphone positions shall be located at the points of intersection of the sphere and the vertical line passing through the geometric centre of the mechanism.
Operating conditions during test
Mounting of equipment
Measurement of lifting mechanism
The lifting mechanism during the test shall be mounted in one of the following ways. The position shall be described in the test report.
The mounted crane shall be placed on a flat reflecting surface of concrete or non-porous asphalt.
The lifting mechanism shall be at least 12 m above the ground.
The lifting mechanism shall be fixed to a flat reflecting surface of concrete or non-porous asphalt.
Measurement of the energy generator.
Where the energy generator is attached to the crane, whether or not it is linked to the lifting mechanism, the crane shall be mounted on a flat reflecting surface of concrete or non-porous asphalt.
Where the lifting mechanism is situated on the jib stay, the noise measurement may be carried out with the mechanism either mounted on the jib stay or fixed to the ground.
Where the energy source powering the crane is independent from it (electrical power generator or mains, or hydraulic or pneumatic power source), only the noise level of the mechanism winch shall be measured.
Where the energy generator is attached to the crane, the energy generator and the lifting mechanism shall be measured separately if they are not combined. Where these two devices are combined, the measurement shall refer to the whole assembly.
During the test the lifting mechanism and the energy generator shall be installed and used in accordance with the manufacturer's instructions.
Test free of load
The energy generator incorporated in the crane shall operate at the full power rating indicated by the manufacturer.
The lifting mechanism shall operate free of load, with its drum turning at the rotation speed corresponding to the maximum hook-displacement speed, in the raising and lowering modes. This speed shall be specified by the manufacturer. The greater of the two sound power levels (raising or lowering) shall be used for the results of the test.
Test under load
The energy generator incorporated in the crane shall operate at the full power rating indicated by the manufacturer. The lifting mechanism shall operate with a cable tension at the drum corresponding to maximum load (for the minimum radius) with the hook moving at the maximum speed. The load and speed figures shall be specified by the manufacturer. The speed shall be checked during the test.
Period(s) of observation/determination of resulting sound power level if more than one operating condition is used
For the measurement of the sound pressure level of the lifting mechanism, the measuring period shall be
(tr + tf) seconds:
The root mean square value at microphone position i shall be given by:
Lpi = 10 lg [(tr 100.1Lri + tf °100.1Lfi)/(tr + tf)] |
The manufacturer, or his authorised representative established in the Community, shall give the notified body free access to all the internal documentation supporting these procedures, the actual results of the internal audits and the corrective actions which have been taken, if any.
Only if the above checks give unsatisfactory results shall the notified body carry out noise tests, which, on its own judgement and experience, may be simplified or completely carried out according to the provisions laid down in Annex III for the relevant type of equipment,
- the notified body shall carry out or have carried out product checks at random intervals. An adequate sample of the final equipment, chosen by the notified body, must be examined and appropriate noise tests as set out in Annex III, or equivalent tests, must be carried out to check the conformity of the product with the relevant requirements of the Directive. The product checking must include the following aspects:
In both procedures, the frequency of the checks shall be defined by the notified body according to the results of previous evaluations, the need to monitor corrective actions and further guidance for the frequency of the checks that may be given by the yearly production and the general reliability of the manufacturer to maintain the guaranteed values; however a check shall be carried out at least once every three years.
If there are doubts about the plausibility of the technical documentation or the adherence during production, the notified body shall inform accordingly the manufacturer, or his authorised representative established in the Community.
In those cases where equipment checked does not conform to the provisions of this Directive, the notified body must inform the notifying Member State.
3.
The notified body must:
- examine whether the equipment has been manufactured in conformity with the technical documentation
- agree with the applicant the location where, in accordance with this Directive, the noise tests will be carried out
- in accordance with this Directive, carry out or have carried out the necessary noise tests.
4.
Where the equipment meets the provisions of this Directive, the notified body must issue a certificate of conformity to the applicant as described in Annex X.
If the notified body refuses to issue a certificate of conformity, it must state the detailed grounds for the refusal.
5.
The manufacturer, or his authorised representative established in the Community, must keep with the technical documentation copies of the certificate of conformity for a period of 10 years from the date on which the equipment is placed on the market.
- the documentation concerning the quality assurance system.
3.2.
The quality assurance system must ensure compliance of the product with the requirements of the Directives that apply to it.
All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality assurance system documentation must permit a common understanding of the quality policies and procedures such as quality programmes, plans, manuals and records.
3.3.
It must contain in particular an adequate description of:
- the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality
- the technical documentation to be drawn up for each product, containing at least the information indicated in point 3.1 for the technical documentations mentioned there
- the design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the equipment category covered
- the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used
- the examinations and test that will be carried out before, during and after manufacture, and the frequency with which they will be carried out
- the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned etc.
- the means to monitor the achievement of the required design and product quality and the effective operation of the quality assurance system.
The notified body must assess the quality assurance system to determine whether it satisfies the requirements referred to in point 3.2. It shall presume conformity with these requirements in respect of quality assurance systems that implement EN ISO 9001.
The auditing team must have at least one member with experience as an assessor in the equipment technology concerned. The assessment procedure must include an assessment visit to the manufacturer's premises.
The decision must be notified to the manufacturer. The notification must contain the conclusion of the examination and the reasoned assessment decision.
3.4.
The manufacturer must undertake to fulfil the obligations arising out of the quality assurance system as approved and to maintain it in an adequate and efficient manner.
The manufacturer or his authorised representative established within the Community shall keep the notified body that has approved the quality assurance system informed of any intended updating of the quality assurance system.
The notified body must evaluate the modifications proposed and decide whether the modified quality assurance system will still satisfy the requirements referred to in point 3.2 or whether a reassessment is required.
It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.
4.
Surveillance under the responsibility of the notified body
4.1.
The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality assurance system.
4.2.
The manufacturer must allow the notified body entrance for inspection purposes to the locations of design, manufacture, inspection and testing, and storage and must provide it with all necessary information, in particular:
- the quality assurance system documentation
- the quality records as foreseen by the design part of the quality assurance system, such as results of analyses, calculations, tests, etc.
- the quality records as foreseen by the manufacturing part of the quality assurance system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned etc.
4.3.
The notified body shall periodically carry out audits to make sure that the manufacturer maintains and applies the quality assurance system and must provide an audit report to the manufacturer.
4.4.
Additionally the notified body may pay unexpected visits to the manufacturer. During such visits the notified body may carry out, or cause to be carried out, tests to verify that the quality assurance system is functioning correctly, if necessary. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.
5.
The manufacturer must, for a period ending at least 10 years after the last equipment has been manufactured, keep at the disposal of the national authorities:
- the documentation referred to in the second indent of point 3.1 of this Annex
- the updating referred to in the second paragraph of point 3.4
- the decisions and reports from the notified body which are referred to in the final paragraph of point 3.4, points 4.3 and 4.4.
6.
Each notified body must give the other notified bodies the relevant information concerning the quality assurance system approvals issued and withdrawn.
(c) the authority is requested to do so and it is practicable for the authority to comply with the request,
the authority shall allow the person from whom the equipment was purchased or any person who is a party to the proceedings or has an interest in any equipment to which the notice relates to have the equipment tested.
Powers of search etc.
3.
- (1) Subject to paragraph 4 below, a duly authorised officer of an enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this paragraph.
(2) The officer may, for the purpose of ascertaining whether there has been a contravention of any of the requirements of regulation 7 -
(3) If the officer has reasonable ground for suspecting that there has been a contravention of any of the requirements of regulation 7, he may for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain any equipment.
(4) The officer may seize and detain -
(5) The officer may, for the purpose of the exercise of his powers under sub-paragraphs (3) or (4) above to seize any equipment, any document or record or any other thing -
Provisions supplemental to paragraph 3
4.
- (1) An officer seizing any equipment, records, documents, information or other thing under paragraph 3 above shall inform the person from whom they are seized that such equipment, records or other thing have been so seized.
(2) If a justice of the peace -
(b) is also satisfied by any such information either -
the justice may by warrant under his hand, which shall continue in force for one month, authorise any officer of an enforcement authority to enter the premises, if need be by force.
(3) An officer entering any premises by virtue of paragraph 3 above or a warrant under sub-paragraph (2) of this paragraph may take with him such other persons and such equipment as may appear to him necessary.
(4) On leaving any premises which a person is authorised to enter by a warrant under sub-paragraph (2) of this paragraph, that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.
(5) Where any equipment seized by an officer under paragraph 3 above is submitted to a test, the officer shall inform the persons mentioned in sub-paragraph (1) of this paragraph of the result of the test and, if -
the officer shall allow any person who is a party to the proceedings or, as the case may be, has an interest in the equipment to which the notice relates to have the equipment tested.
(6) In the application of this paragraph to Scotland, the reference in sub-paragraph (2) above to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.
(7) In the application of this paragraph to Northern Ireland, the references in sub-paragraph (2) above to any information on oath shall be construed as references to any complaint on oath.
Appeals against detention of equipment
5.
- (1) Any person having an interest in any equipment, document, record, information or other thing which is for the time being detained under any provision of this Schedule by an enforcement authority or by an officer of such an authority may apply for an order requiring the equipment to be released to him or to another person.
(2) An application under this paragraph may be made -
(b) where no such proceedings have been so brought, by way of complaint to a magistrates' court; or
(c) in Scotland, by summary application to the sheriff.
(3) On an application under this paragraph to a magistrates' court or to the sheriff, an order requiring equipment to be released shall be made only if the court or sheriff is satisfied -
(b) where no such proceedings have been brought, that more than six months have elapsed since the equipment was seized.
(4) Any person aggrieved by an order made under this regulation by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision -
and an order so made may contain such provision as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980[21] of article 146 of the Magistrates' Courts (Northern Ireland) Order 1981[22] (statement of case)).
Suspension notices
6.
- (1) Where an enforcement authority has reasonable grounds for suspecting that regulation 7 has been contravened, the authority may serve a notice ("a suspension notice") in relation to equipment prohibiting the person on whom it is served, for such period ending not more than six months after the date of the notice as is specified therein, from placing on the market or putting into service the equipment without the consent of that authority.
(2) A suspension notice served by an enforcement authority in respect of any equipment shall -
(3) A consent given by an enforcement authority for the purposes of a suspension notice may impose such conditions on the doing of anything for which the consent is required as that authority considers appropriate.
(4) A suspension notice may require the person on whom it is served to keep the enforcement authority which served the notice informed of the whereabouts throughout the period during which the notice has effect of any of the equipment in which that person has an interest.
(5) Where a suspension notice has been served on any person in respect of any equipment, no further such notice shall be served on that person in respect of the same equipment unless -
are pending at the end of the period specified in the first-mentioned notice.
Appeals against suspension notices
7.
- (1) Any person having an interest in any equipment in respect of which a suspension notice is for the time being in force may apply for an order setting aside the notice.
(2) An application under this paragraph may be made -
(ii) where no such proceedings have been so brought, by way of complaint to a magistrates' court; or
(b) in Scotland, by summary application to the sheriff.
(3) On an application under this paragraph to a magistrates' court in England and Wales or Northern Ireland the court shall make an order setting aside the suspension notice only if the court is satisfied that there has been no contravention in relation to the equipment of the requirements of regulation 7.
(4) On an application under this paragraph to the sheriff he shall make an order setting aside the suspension notice only if he is satisfied that at the date of making the order -
have not been brought or, having been brought, have been concluded.
(5) Any person aggrieved by an order made under this regulation by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision -
and an order so made may contain such provision as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).
Power to require production of documents and information etc.
8.
An officer of an enforcement authority may, for the purposes of exercising his functions under this Schedule, require -
and such officer may inspect any thing which he may require to be produced under this paragraph, and take a copy thereof or of any part thereof.
Contravention of a suspension notice
9.
Any person who contravenes a suspension notice shall be guilty of an offence.
False information
10.
Any person who, in giving any information which he is required to give under paragraph 8(c) or (d) above -
shall be guilty of an offence.
Obstruction etc. of officers of enforcement authorities etc.
11.
Any person who -
shall be guilty of an offence.
Extension of time for bringing summary proceedings
12.
In England and Wales or Northern Ireland, a magistrates' court may try an information in respect of an offence committed under these Regulations if the information is laid within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
Forfeiture: England and Wales and Northern Ireland
13.
- (1) An enforcement authority in England and Wales or Northern Ireland may apply under this paragraph for an order for the forfeiture of any equipment on the grounds that there has been a contravention in relation thereto of regulation 7.
(2) An application under this paragraph may be made -
(3) On an application under this paragraph the court shall make an order for the forfeiture of the equipment only if it is satisfied that there has been a contravention in relation thereto of regulation 7.
(4) For the avoidance of doubt it is hereby declared that a court may infer for the purposes of this paragraph that there has been a contravention in relation to any equipment of regulation 7 if it is satisfied that that provision has been contravened in relation to equipment which is representative of that equipment (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
(5) Any person aggrieved by an order made under this paragraph by a magistrates' court, or by a decision of such court not to make such an order, may appeal against that order or decision -
and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of an order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).
(6) Subject to sub-paragraph (7) below, where any equipment is forfeited under this paragraph it shall be destroyed in accordance with such directions as the court may give.
(7) On making an order under this paragraph a magistrates' court may, if it considers it appropriate to do so, direct that the equipment to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person -
(b) complies with any order to pay costs or expenses (including any order under paragraph 15 below) which has been made against that person in the proceedings for the order of forfeiture.
Forfeiture: Scotland
14.
- (1) In Scotland an order for forfeiture of any relevant equipment in relation to which there has been a contravention of regulation 7 may be made by the sheriff -
(2) The procurator-fiscal making an application under sub-paragraph (1)(a) above shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the equipment to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the equipment should not be forfeited.
(3) Service under sub-paragraph (2) above shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995.
(4) Any person upon whom a notice is served under sub-paragraph (2) above and any other person claiming to be the owner of, or otherwise to have an interest in, the equipment to which an application under this paragraph relates shall be entitled to appear at the hearing of the application to show cause why the equipment should not be forfeited.
(5) The sheriff shall not make an order following the application under sub-paragraph (1)(a) above -
(6) The sheriff shall make an order under this paragraph only if he is satisfied that there has been a contravention in relation to the equipment of regulation 7.
(7) For the avoidance of doubt it is hereby declared that the sheriff may infer for the purposes of this paragraph that there has been a contravention in relation to any equipment of regulation 7 if he is satisfied that that provision has been contravened in relation to equipment which is representative of that equipment (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
(8) Where an order for the forfeiture of any equipment is made following an application by the procurator-fiscal under sub-paragraph (1)(a) above, any person who appeared, or was entitled to appear, to show cause why it should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under this paragraph as it applies to a stated case under Part X of that Act.
(9) An order following an application under sub-paragraph (1)(a) above shall not take effect -
(10) An order under sub-paragraph (1)(b) shall not take effect -
(11) Subject to sub-paragraph (12) below, equipment forfeited under this paragraph shall be destroyed in accordance with such directions as the sheriff may give.
(12) If he thinks fit, the sheriff may direct the equipment to be released to such person as he may specify, on condition that that person does not supply it to any person otherwise than -
Recovery of expenses of enforcement
15.
- (1) This paragraph applies where a court -
(2) The court may (in addition to any other order it may make as to costs or expenses) order the person convicted or, as the case may be, any person having an interest in the equipment the subject of the order for forfeiture, to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority -
Service of documents etc.
16.
- (1) Any document required or authorised by this Schedule to be served on a person may be so served -
(2) For the purposes of sub-paragraph (1) above, and for the purposes of section 7 of the Interpretation Act 1978[24] (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that -
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
Savings for certain privileges
17.
- (1) Nothing in this Schedule shall be taken as requiring any person to produce any documents or records if he would be entitled to refuse to produce those documents or records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising any person to take possession of any documents or records which are in the possession of a person who would be so entitled.
(2) Nothing in this Schedule shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person's spouse.
Savings for action taken under other enactments
18.
Nothing in this Schedule shall be construed as preventing the taking of any action in respect of any relevant equipment under the provisions of any other enactment.
[3] S.I. 1985/1968, amended by S.I. 1989/1127.back
[4] S.I. 1988/361, amended by S.I. 1992/488, 1992/3043, 1995/2357.back
[5] S.I. 1992/168, amended by S.I. 1997/876.back
[6] S.R. 1987 No. 328, amended by S.R. 1990 No. 102 and S.R. 1999 No. 123.back
[7] OJ L162, 3.7.2000, p.1.back
[8] A Decision of the EEA Joint Committee will extend the application of the Directive to the EEA. That Decision has not been made at the date of making of these Regulations.back
[9] OJ L207, 23.7.1998, p.1. Directive as amended by Directive 98/79/EC (OJ L331, 7.12.1998, p.1).back
[10] EN ISO 3744:1995 - Acoustics - Determination of sound power levels of noise sources using sound pressure - Engineering method in an essentially free field over a reflecting plane.back
[11] EN ISO 3746:1995 - Acoustics - Determination of sound power levels of noise sources using sound pressure - Survey method using an enveloping measurement surface over a reflecting plane.back
[12] S.I. 1992/3073, amended by S.I. 1994/2063.back
[13] DTI, PO Box 1302, Bristol, BS99 2GB.back
[14] The European Commission, F.A.O. Secretary General, (DG Environment-Noise Directive 2000/14/EC), 200 Rue de la Loi, B-1049 Brussels, Belgium.back
[18] Net power means the power in "EC kW" obtained on the test bench at the end of the crankshaft, or its equivalent, measured in accordance with the EC method of measuring the power of internal combustion engines for road vehicles, except that the power of the engine cooling fan is excluded.back
[19] The provisions of Article 11 of the Directive are implemented by regulation 11 and Schedule 7.back
[20] The provisions of Article 8 of the Directive are implemented by regulation 7 and Schedule 5.back
[22] S.I. 1981/1675 (N.I. 26).back