Freight Containers (Safety Convention) Regulations 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/1890 |
| Year | 1984 |
1984 No. 1890
HEALTH AND SAFETY
The Freight Containers (Safety Convention) Regulations 1984
Made 4th December 1984
Laid before Parliament 11th December 1984
Coming into Operation 1st January 1985
The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (4), (5)(b), (6)(b) and (9), 43(2) and (4), and 82(3) and paragraphs 1(1)(a) and (c), (2) and (3), 3, 4(1), and 6(1) of Schedule 3 to, the Health and Safety at Work etc. Act 19741and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to the proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of that Act, after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Freight Containers (Safety Convention) Regulations 1984 and shall come into operation on 1st January 1985.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“” means
“” means an article of transport equipment which is
(a) of a permanent character and accordingly strong enough for repeated use, and
(b) designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading, and
(c) designed to be secured or readily handled or both, having corner fittings for these purposes, and
(d) of a size such that the area enclosed by the outer bottom corners is either
(i) if the container is fitted with top corner fittings, at least 7 square metres, or
(ii) in any other case, at least 14 square metres,
and includes a container when carried on a chassis but does not include a vehicle or packaging, or any article of transport equipment designed solely for use in air transport, or a swap body except when it is carried by or on board a sea-going ship and is not mounted on a road vehicle or rail wagon;
“” means
“” means
“” means
“” means
“” means use for the purpose for which the container is designed but shall not include—
(a) movement to a place for remedial action provided:
(i) so far as is reasonably practicable the movement is without risk to the safety of any person, and
(ii) the remedial action is carried out before the container is repacked with goods,
(b) if the container is not loaded with goods,
(i) transport to a place for testing the container to obtain approval under Regulation 5, or
(ii) delivery of the container to its purchaser by the vendor or his agent.
(2) Unless the context otherwise requires, any reference in these Regulations to—
(a)
(a) a numbered Regulation is a reference to the Regulation of these Regulations which bears that number,
(b)
(b) a numbered paragraph is a reference to that paragraph so numbered in the Regulation in which the reference appears,
(c)
(c) “the Schedule” is a reference to the Schedule to these Regulations,
(d)
(d) any document operates as a reference to that document as revised or re-issued from time to time.
Application of Regulations
3. These Regulations apply to—
(a) any container used at work, or supplied for use at work, and which is in Great Britain;
(b) any container so used or supplied and which is outside Great Britain in circumstances in which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1977.
Conditions of use
4.—(1) The owner or lessee of a container shall not use or permit that container to be used unless—
(a)
(a) it has valid approval in accordance with Regulation 5, and
(b)
(b) it has a valid safety approval plate fixed to it in accordance with Regulation 6, and
(c)
(c) it is properly maintained, and
(d)
(d) the examination requirements in Regulation 7 are met in respect of that container, and
(e)
(e) all markings on the container showing maximum gross weight are consistent with the maximum gross weight information on the safety approval plate, except that if construction of the container commenced before 1st January 1984 then compliance with this sub-paragraph is not required before 1st January 1989.
(2) Any other person using or permitting the use of a container shall, so far as is reasonably practicable, ensure that—
(a)
(a) a valid safety approval plate is fixed to it in accordance with Regulation 6, and
(b)
(b) all markings on the container showing maximum gross weight are consistent with the maximum gross weight information on the safety approval plate, except that if construction of the container commenced before 1st January 1984 then compliance with this sub-paragraph is not required before 1st January 1989.
(3) Where it is an express term of a bailment of a container that the bailee should be responsible for ensuring that the container is maintained or examined, the bailee shall, in addition to any duty placed on him by paragraph (2), ensure that—
(a)
(a) it is properly maintained, and
(b)
(b) the examination requirements in Regulation 7 are met in respect of that container.
(4) It shall be a defence to any proceedings for using or permitting to be used a container which does not have a valid approval in accordance with Regulation 5 that at the time of the contravention an approval had been given by an organisation authorised for this purpose by the Health and Safety Executive before these Regulations come...
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