Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/361 |
| Year | 1988 |
1988 No. 361
PUBLIC HEALTH, ENGLAND AND WALES
PUBLIC HEALTH, SCOTLANDNOISE
Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988
Made 3rd March 1988
Laid before Parliament 8th March 1988
Coming into force 31th March 1988
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures in respect of sound power level and sound pressure level requirements for the marketing of construction plant and equipment, in exercise of the powers conferred on him by that section and of all his other enabling powers, hereby makes the following Regulations:
Citation, commencement and extent
1. These Regulations, which extend to Great Britain, may be cited as the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988, and shall come into force on 31st March 1988.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires, the following expressions have the following meanings:
“approved body” means a body appointed by the Secretary of State under regulation 4;
“certificate of conformity” means a certificate that the earth-moving machine specified in the certificate has been manufactured in conformity with the EEC type-examination requirements;
“construction plant and equipment” means earth-moving machines which are designed for use in or about the site of building or civil engineering operations and not primarily for the transport of goods or persons;
“earth-moving machine” means any of the following items of construction plant and equipment namely:—
(a) a hydraulic or rope-operated excavator that is to say a machine combining a self-propelled undercarriage with an upper structure capable of more than 360° rotation, which excavates, lifts, carries and dumps material by moving either a boom, an arm and bucket or a bucket controlled by winding-gear;
(b) a dozer that is to say a self-propelled wheeled or crawler machine fitted in front with a blade which serves primarily to displace or spread materials;
(c) a loader that is to say a self-propelled wheeled or crawler machine fitted in front with a bucket and which loads, raises, transports and dumps material by combining its own movements and those of the bucket; and
(d) an excavator-loader that is to say a self-propelled wheeled or crawler machine, designed to be fitted with a loading bucket at the front which loads, raises, transports and dumps material by combining its own movements with those of the machine and an excavating arm at the rear which excavates, raises and dumps material by movements of the boom, arm and bucket.
“EEC mark” means an EEC mark of conformity referred to in regulation 6;
“EEC type-examination certificate” means a certificate that a type of earth-moving machine conforms with the EEC type-examination requirements;
“EEC type-examination requirements” means the requirements contained in the Special Directive being requirements with respect to the sound power level of airborne noise emitted in the environment by earth-moving machines;
“the Framework Directive” means the Directive adopted by the Council of the Communities concerning the approximation of the laws of the member States relating to common provisions for certain construction plant and equipment3;
“market” means supply by way of sale, lease, hire or hire-purchase, whether as principal or agent for another; and
“Special Directive” means the Directive adopted by the Council of the Communities concerning the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders4.
(2) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Marketing of earth-moving machines
3.—(1) No person shall on or after 29th December 1988 market any earth-moving machine manufactured on or after that date unless an EEC type-examination certificate and a certificate of conformity has been issued in respect of that machine and an EEC mark has been placed thereon in accordance with these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom.
(2) Where a person (“the ostensible supplier”) markets any earth-moving machine by supplying the same to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit sale agreement, and the ostensible supplier:—
(a)
(a) carries on the business of financing the acquisition of goods by others by means of such agreements; and
(b)
(b) in the course of that business acquired his interest in the machine supplied to the customer as a means of financing its acquisition by the customer from a third person (“the effective supplier”)
the effective supplier and not the ostensible supplier shall be treated for the purpose of this regulation as marketing the machine to the customer and any duty imposed by these Regulations on those who market earth-moving machines shall accordingly fall on the effective supplier and not on the ostensible supplier.
(3) Where a person (“the ostensible supplier”) markets any earth-moving machine by supplying the same to another (“the customer”) under a lease, and the ostensible supplier—
(a)
(a) has not previously granted any lease to the customer in respect of that machine; and
(b)
(b) carries on the business of financing the use of goods by others by means of leases; and
(c)
(c) in the course of that business acquired his interest in the machine supplied to the customer for the purpose of financing its provision to the customer by a third person (“the effective supplier”); and
(d)
(d) he or his agent either
(i) has not had physical possession of the machine, or
(ii) has had physical possession of the machine only for the purpose of passing it to the customer; and
(e)
(e) he or his agent has not modified, overhauled, repaired or restored the machine;
then the effective supplier and not the ostensible supplier shall be treated for the purposes of this regulation as marketing the machine to the customer and any duty imposed by these Regulations on those who market earth-moving machines shall accordingly fall on the effective supplier and not on the ostensible supplier.
(4) Where—
(a)
(a) paragraph (3) of this regulation has applied in respect of a lease; and
(b)
(b) the ostensible supplier grants a further lease of the machine to the said customer; and
(c)
(c) the machine has remained in the physical possession of the customer since he took possession of it under the first lease; and
(d)
(d) the machine has not at any time been modified, overhauled, repaired or restored by or on behalf of the ostensible supplier;
then no duty shall be imposed by these Regulations on the ostensible supplier in relation to the supply by way of that further lease.
Appointment of approved bodies
4. The Secretary of State shall appoint a body or bodies of persons in accordance with the conditions of the Framework Directive and subject to such conditions as he shall think fit—
(a)...
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