S.I. No. 12/1991 - European Communities (Self-Propelled Industrial Trucks) Regulations, 1991.
S.I. No. 12 of 1991. | ||
EUROPEAN COMMUNITIES (SELF-PROPELLED INDUSTRIAL TRUCKS) REGULATIONS, 1991. | ||
I, DESMOND O'MALLEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 86/663/EEC of 22 December, 1986(1) (as adapted to technical progress by Commission Directive 89/240/EEC of 16 December, 1988(2)), and Council Directive 84/528/EEC of 17 September, 1984(3) (to the extent that it applies to trucks), hereby make the following Regulations: | ||
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1 .. | 1. (1) These Regulations may be cited as the European Communities (Self-Propelled Industrial Trucks) Regulations, 1991. | |
(2) These Regulations shall come into operation on the 1st day of March, 1991. | ||
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2 Interpretation. | 2. (1) In these Regulations— | |
"authorised officer" means a person authorised in writing by the Minister to exercise for the purposes of these Regulations and the Directive the powers conferred on an authorised officer by these Regulations; | ||
"the Directive" means Council Directive 86/663/EEC of 22 December, 1986, as adapted to technical progress by Commission Directive 89/240/EEC of 16 December, 1988; | ||
"EOLAS" means EOLAS — the Irish Science and Technology Agency; | ||
"the Framework Directive" means Council Directive 84/528/EEC of 17 September, 1984; | ||
"the Minister" means the Minister for Industry and Commerce; | ||
"truck" means a self-propelled industrial truck within the meaning of the Directive and includes a tractor specified in Article 1(1) of the Directive; | ||
(1)86/663/EEC O.J. No. L384, 31.12.1986 p. 12. | ||
(2) 89/240/EEC O.J. No. L100, 12.04.1989, p. 1. | ||
(3) 84/528/EEC O.J. No. L300, 19.11.1984, p. 72. | ||
(2) A word or expression that is used in these Regulations and is also used in the Directive or the Framework Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive or the Framework Directive. | ||
(3) In these Regulations— | ||
(a) a reference to a Regulation is to a Regulation of these Regulations unless it is indicated that reference to some other enactment is intended, | ||
(b) a reference to a paragraph is to a paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. | ||
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3 Marketing of trucks. | 3. (1) A person shall not place on the market or put into service a truck unless it satisfies the provisions of the Directive. | |
(2) A truck to which has been affixed a conformity mark in compliance with the conditions laid down in Annex III to the Directive and which has been certified to conform with the Directive by means of a certificate of conformity (a specimen of which is reproduced in Annex II to the Directive) shall be deemed to comply with the Directive unless a notice requiring its withdrawal from the market issued under Regulation 6 (4) is in force or regulations in respect of trucks of the same type made under the European Communities Act, 1972 (No. 27 of 1972), pursuant to Regulation 6 (4), are in force. | ||
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4 Manufacturers' certificate of conformity and conformity mark. | 4. (1) A manufacturer, or his authorised representative in the State shall, if he is satisfied that a truck manufactured or imported by him, as the case may be, satisfies the provisions of the Directive, issue a certificate of conformity in respect of and affix a conformity mark to the truck in accordance with the provisions of the Directive. | |
(2) Where a person referred to in paragraph (1) issues a certificate of conformity under that paragraph, he shall hold for inspection by an authorised officer all documents showing that the tests referred to in the Directive have been performed and that the technical requirements have been complied with. | ||
(3) A person referred to in paragraph (1) shall not issue a certificate of conformity or affix a conformity mark to a truck unless he can show that he possesses the necessary means to carry out the tests referred to in paragraph (2) or that he has arranged for such of those tests as are not carried out by him to be carried out by EOLAS or by a body approved for that purpose by another Member State. | ||
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5 Approved bodies. | 5. (1) EOLAS is hereby appointed to be an approved body for the purposes of the Directive. | |
(2) A manufacturer or his authorised representative in the State may apply in writing to EOLAS requesting EOLAS to carry out in relation to a truck such of the tests referred to in the Directive as the applicant may specify and, if so requested by EOLAS, shall deliver the truck to EOLAS and EOLAS may retain the truck for a reasonable period for the purpose of the tests, and the application shall contain and be supported by such documentation as EOLAS may reasonably require. | ||
(3) A person who applies to EOLAS under paragraph (2) shall pay to EOLAS a fee of such amount specified by EOLAS as EOLAS considers to be equal to the amount of the costs incurred by it in the performance by it of the specified tests and the notification by it of the results of those tests. | ||
(4) A fee payable to EOLAS under this Regulation may be recovered by it from the person who made the application concerned as a simple contract debt in any court of competent jurisdiction. | ||
(5) EOLAS may arrange to have any checks, tests or examinations that it is authorised under these Regulations or the Directive to perform, performed by one or more laboratories of its choosing. | ||
(6) In the case of a truck for which the certificate of conformity was issued by the manufacturer, a derogation pursuant to Article 23 of the Framework Directive may be availed of only if EOLAS has confirmed to the manufacturer that the derogation does not reduce safety. | ||
(7) Where, after carrying out the tests requested by an applicant under paragraph (2), EOLAS is satisfied that a truck does not comply with the provisions of the Directive, it shall so inform the applicant in writing stating the reasons for its decision and shall also inform him of his right to apply for a review of the decision under Regulation 7. | ||
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6 Conformity checks. | 6. (1) An authorised officer may from time to time carry out checks of a truck in respect of which a certificate of conformity has been issued under these Regulations or under the law of another Member State, to ascertain whether it complies with the Directive but such checks must not impose tests or requirements more stringent than those laid down in the Directive. | |
(2) If, following a check under this Regulation, the Minister is satisfied that a truck does not comply with the Directive, he shall give a notice so stating to the manufacturer or his authorised representative in the State. | ||
(3) A notice under paragraph (2) shall indicate: | ||
(a) the respects in which the truck concerned does not comply with the Directive, | ||
and | ||
(b) that unless action is taken within a specified time to ensure that the truck and any truck of the same type does so comply, the placing of them on the market and their use will be prohibited or their withdrawal from the market will be ordered. | ||
(4) If the Minister is satisfied that the degree of non-compliance of a truck with the Directive is such as to require that the truck is not placed on the market or used or is withdrawn from the market, he shall by notice in writing given to the manufacturer or his authorised representative in the State direct the manufacturer or his authorised representative to do any or all of the following, that is to say, to withdraw from the market, not to use and not to place on the market the truck or any truck of the same type and shall by regulations under the European Communities Act, 1972 , require the withdrawal from the market and prohibit the placing on the market or the use of trucks of the same type. | ||
(5) Where, as respects a truck referred to in paragraph (4), the manufacturer concerned or his authorised representative in the State shows to the satisfaction of the Minister that the truck complies with the Directive, the Minister shall revoke the direction and regulations in respect of the truck and trucks of the same type under paragraph (4). | ||
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7 Review of decisions of EOLAS. | 7. (1) Any person aggrieved by a decision of EOLAS under Regulation 5 (7) may by notice in writing given to the Minister not later than 14 days after the receipt by that person of notice of the decision, appeal to the Minister against the decision and the Minister, having considered any submissions made to him by the appellant, EOLAS, and any other interested parties and the report of any inquiry held under paragraph (2) or of any assessor appointed under paragraph (3), may uphold, vary or reverse the decision of EOLAS. | |
(2) The Minister may appoint an officer of the Minister to hold an inquiry in connection with an appeal under this Regulation and to report to the Minister on its findings. | ||
(3) The Minister may appoint an assessor to assist the Minister and to report to him on the subject matter of an appeal under paragraph (1) or to assist an officer of the Minister in relation to an inquiry being held by him under paragraph (2). | ||
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8 Powers of authorised officers. | 8. (1) An authorised officer, on production of his authorisation if so required by any person affected may, for the purposes of these Regulations, the Directive and the Framework Directive— | |
(a) at all reasonable times enter any premises or place or any ship or other vessel, aircraft, railway wagon or other vehicle, in which he has reasonable grounds for believing that there is a truck or a truck is being manufactured, or any premises or place that are part of an undertaking engaged in the manufacture of trucks, | ||
(b) at such premises or place, inspect and take copies of or of extracts from any books, records or other documents which he finds in the course of his inspection, | ||
(c) carry out or have carried out such examinations, tests, inspections and checks of the place and any equipment, machinery or plant in or at the place as he reasonably considers to be necessary for the purposes of his functions under these Regulations, the Directive, or the Framework Directive, | ||
(d) require any person at the premises or place and the owner or person in charge of the ship or other vessel, aircraft, railway wagon or other vehicle and any person employed in connection therewith to give to him such information and to produce to him such books, documents and other records which are in that person's power or procurement as he may reasonably require for the purposes of his functions under these Regulations, the Directive or the Framework Directive, | ||
(e) take possession of and remove for examination and checking by the Minister or EOLAS, a truck or any part thereof, and retain such truck or part thereof for such time as he considers reasonable for the purposes of his functions under these Regulations, the Directive or the Framework Directive. | ||
(2) A person who obstructs or impedes an authorised officer in the exercise of a power conferred on him by these Regulations or, without reasonable excuse, fails or refuses to comply with a requirement under this Regulation or who, in purported compliance with such a requirement, gives information to an authorised officer that he knows to be false or misleading in a material respect shall be guilty of an offence. | ||
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9 Offences. | 9. (1) A person who contravenes a provision or fails to comply with a requirement or direction of or under these Regulations shall be guilty of an offence. | |
(2) Where an offence under these Regulations has been committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence. | ||
(3) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both. | ||
(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted within one year from the date on which the offence was committed. | ||
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10 .. | 10. Proceedings for an offence under these Regulations may be brought and prosecuted by the Minister. | |
GIVEN under my Official Seal, this 25th day of January, 1991. | ||
DESMOND O'MALLEY, | ||
Minister for Industry and Commerce. | ||
EXPLANATORY NOTE. | ||
The purpose of these Regulations is to give legal effect to EC Directive 86/663/EEC of 22nd December, 1986, as adapted to technical progress by EC Directive 89/240/EEC of 16th December, 1988, on the approximation of the laws of the Member States relating to self-propelled industrial trucks, the capacity of which does not exceed 10,000 kilograms, and industrial tractors with a draw-bar pull of less than 20,000 newtons. | ||
The Regulations come into operation on the 1st day of March, 1991. The Regulations prohibit from that date the placing on the market or the putting into service of industrial trucks or tractors covered by the directives unless they comply with the directives, are accompanied by a certificate of conformity issued by the manufacturer or his authorised representative in the State and carry the EC mark of conformity. | ||
The certificate of conformity shall be issued by the manufacturer or his authorised representative on his own responsibility but arrangements can be made to have such tests as are not performed by him carried out by EOLAS which is being appointed as the approved body for this purpose in the State. | ||
The Regulations provide for the appointment of authorised officers to carry out checks of industrial trucks or tractors to ensure that they comply with the directives. The Regulations also provide for the withdrawal from the market or use of industrial trucks or tractors which, on inspection by an authorised officer, are found not to comply with the provisions of the directives. | ||