The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001
Made: 3rd May 2001
Laid before Parliament: 3rd May 2001
Coming into force
The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to noise emission in the environment by equipment for use outdoors, 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 revocation
1
- (1) These Regulations may be cited as the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001.
- (2) This regulation, regulations 2 and 14 shall come into force on 4th June 2001, except that regulation 2(1)(b) shall not have effect until the date of the coming into force of the Decision by the EEA Joint Committee by which the application of the Directive is extended to the EEA.
- (3) The remaining regulations shall come into force on 3rd July 2001.
- (4) The Construction Plant and Equipment (Harmonization of Noise Emission Standards) Regulations 1985 , the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988 , the Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1992 and the Construction Plant and Equipment (Noise Emission) Regulations (Northern Ireland) 1987 are revoked with effect from 3rd January 2002.
Interpretation
2
- (1) In these Regulations—
- (a) “the Directive" means Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors ...;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (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 to a paragraph in a regulation is a reference to a paragraph in that regulation.
- (2) In these Regulations, unless the context otherwise requires—
- “approved body” has the meaning given to it in regulation 13;
- “CE marking" means the CE marking referred to in Article 3(c) of the Directive consisting of the initials “CE" in the form shown in Annex IV to the Directive;
- ...
- “enforcement authority" shall be construed in accordance with paragraph 1(1) of Schedule 13;
- “equipment" means equipment for use outdoors;
- “equipment for use outdoors” means ...—assemblies which fall within one of the following descriptions—an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application;an assembly as referred to in sub-paragraph (i), missing only the components to connect it on site or to sources of energy and motion;an assembly as referred to in sub-paragraph (i) or (ii), ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or structure;assemblies of machinery as referred to in sub-paragraphs (i), (ii) and (iii) or partly completed machinery, which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole;an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort;devices which, after the putting into service of machinery or of a tractor, are assembled with that machinery or tractor by operators themselves in order to change its function or attribute a new function, in so far as they are not tools (“interchangeable equipment”); andcomponents—which serve to fulfil a safety function;which are independently placed on the market;the failure or malfunction of which endangers the safety of persons; andwhich are not necessary in order for the machinery to function, or for which other components which do not fall within sub-paragraphs (i) to (iii) may be substituted in order for the machinery to function,to the extent that they are either self-propelled or can be moved and which, irrespective of the driving element(s), are intended to be used, according to their type, in the open air and which contribute to environmental noise exposure, including non-powered equipment for industrial or environmental applications which is intended, according to its type, to be used outdoors and which contributes to environmental noise exposure;
- “indication of the guaranteed sound power level" means the indication referred to in regulation 11 in the form shown in Schedule 7;
- “open air" includes the use of equipment in an ambience where the transmission of sound is not or not significantly affected (for instance, under tents, under roofs for protection against rain or in the shell of houses);
- “responsible person" meansthe manufacturer;the manufacturer’s authorised representative established in the United Kingdom; orwhere neither the manufacturer nor his authorised representative is established in the United Kingdom, the person placing the equipment on the market or putting it into service in Great Britain;
- “guaranteed sound power level" means a sound power level determined in accordance with the requirements laid down in Schedule 6 which includes the uncertainties due to production variation and measurement procedures and where the responsible person confirms that according to the technical instruments applied and referred to in the technical documentation it is not exceeded;
- “measured sound power level" means a sound power level as determined from measurements as laid down in Schedule 6; measured values may be determined either from a single machine representative for the type of equipment or from the average of a number of machines;
- ...
- “sound power level LWA" means the A-weighted sound power level in dB in relation to 1pW as defined in EN ISO 3744: 1995 and EN ISO 3746: 1995;
- “UK marking” means the marking in the form set out in Annex 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;
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 sections 1.5.8 and 1.7.4(u) of Part 1 of Schedule 2 to the Supply of Machinery (Safety) Regulations 2008 shall not apply, to any equipment listed in Schedules 1 and 2, as further defined in Schedule 4 in respect of the requirements relating to the sound power level of equipment.
Excluded equipment
4
These Regulations shall not apply to—
- (a) non-powered attachments separately placed on the market or put into service except for hand-held concrete breakers and picks and those for hydraulic hammers;
- (b) all equipment primarily intended for the transport of goods or persons by road or rail or by air or on waterways; or
- (c) equipment specially designed and constructed for military and police purposes and for emergency services.
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—
- (a) unless required to bear the CE marking pursuant to any other EU obligation, bears the CE marking or an inscription liable to be confused with it; or
- (b) bears or is accompanied by any other indication, howsoever expressed, that it complies with the Directive.
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:
- (a) it satisfies the relevant requirements set out in regulation 8;
- (b) the appropriate conformity assessment procedure referred to in regulation 10 has been completed in relation to it;
- (c) it bears the UK marking and the indication of the guaranteed sound power level in accordance with regulation 11; and
- (d) it is accompanied by a declaration of conformity the minimum content of which is set out in Schedule 5.
- (2A) Where paragraph (2B) applies, paragraph (2)(c) is met where the UK marking is affixed to—
- (a) a label affixed to the equipment; or
- (b) a document accompanying the equipment.
- (2B) This paragraph applies to equipment that is placed on the market within a period of seven years beginning with IP completion day.
- (3) ... 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—
- (a) where that equipment—
- (i) will be put into service in a country outside Great Britain; or
- (ii) is imported into Great Britain for re-export to Northern Ireland or a country outside of the United Kingdom;
save that this paragraph shall not apply if the UK 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—
- (i) a visible sign clearly indicates that—
- (aa) such equipment does not conform; and
- (bb) it is not placed on the market or put into service until it has been brought into conformity by the responsible person; and
- (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:
- (a) for equipment listed in Schedule 1 and defined in Schedule 4, one of the procedures set out in Schedule 9, 10 or 11; or
- (b) for equipment listed in Schedule 2 and defined in Schedule 4, the procedure set out in Schedule 8.
CE marking and indication of the guaranteed sound power level
11
- (1) The UK marking shall be accompanied by the indication of the guaranteed sound power level.
- (2) The UK 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 or, where regulation 7(2B) applies, to a label affixed to the equipment or to a document accompanying the equipment.
- (3) Subject to paragraph (4), where the equipment is subject to other enactments covering other aspects which provide for the affixing of the UK marking, the latter shall indicate that the equipment in question is also presumed to conform to the provisions of those other enactments.
- (4) Where one or more of the other enactments referred to in paragraph (3) allow the manufacturer, during a transitional period, to choose which arrangements to apply, the UK marking shall indicate conformity only with the enactments applied by the manufacturer, and in this case, particulars of the enactments applied ... must be given in the documents, notices or instructions required by the enactments 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 UK 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 UK marking and the indication of the guaranteed sound power level is not thereby reduced.
Provision of data
12
The responsible person must send a copy of the declaration of conformity to the Secretary of State ... within 28 days of placing the equipment on the market.
Notified Bodies
13
- (1) For the purposes of these Regulations, an approved 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(a) and which—
- (a) has been appointed as an approved body in the United Kingdom pursuant to regulation 14; or
- (b) immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 14(2)(e) as it had effect immediately before IP completion day, to terminate the appointment.
- (2) In this regulation “notified body” means a body which before IP completion day has been—
- (a) appointed as a notified body in the United Kingdom pursuant to regulation 14, as it had effect immediately before IP completion day; and
- (b) notified by the Secretary of State to the European Commission and other member States pursuant to Article 15 of the Directive.
14
- (1) The Secretary of State may from time to time appoint such persons which meet the approved body requirements, as he thinks fit to be approved bodies for the purposes of these Regulations.
- (2) An appointment—
- (a) may relate to all descriptions of equipment or such descriptions (which may be framed by reference to any circumstances whatsoever) of equipment as the Secretary of State may from time to time determine;
- (b) may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;
- (c) shall, without prejudice to the generality of sub-paragraph (b) and subject to paragraph (4), require that body to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the responsible person duly fulfils the obligations arising out of the relevant conformity assessment procedure;
- (d) shall be terminated upon 90 days’ notice in writing to the Secretary of State, at the request of the approved body; and
- (e) may be terminated if it appears to the Secretary of State that any of the approved body requirements or the conditions of the appointment are not complied with.
- (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) An approved body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if—
- (a) for any reason the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body;
- (b) the person making the application has not submitted with his application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 15; or
- (c) the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within three months of receiving the application.
- (5) If for any reason the appointment of an approved body is terminated under this regulation, the Secretary of State may—
- (a) give such directions (either to the body the subject of the termination or to another approved body) for the purpose of making such arrangements for the determination of outstanding applications as he considers appropriate; and
- (b) without prejudice to the generality of the foregoing, authorise another approved body to take over its functions in respect of such cases as he may specify.
- (6) Where an approved body is minded to refuse to issue a report or conformity certificate it shall—
- (a) give notice in writing to the applicant of the reasons why it is minded to do so; and
- (b) give the applicant the opportunity to make representations within a period of 28 days of the said notice being given and consider any representations made within that period by the applicant.
- (7) In this regulation “approved body requirements” means the requirements set out in Schedule 12A.
Fees
15
- (1) Without prejudice to the power of the Secretary of State, where he is appointed as an approved body in the United Kingdom, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973 and subject to paragraph (2), an approved 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—
- (a) the costs incurred or to be incurred by the approved body in performing the relevant function; and
- (b) an amount on account of profit which is reasonable in the circumstances having regard to—
- (i) the character and extent of the work done or to be done by the body on behalf of the applicant; and
- (ii) the commercial rate normally charged on account of profit for that work or similar work.
- (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—
- (a) bears the UK marking and the indication of the guaranteed sound power level in accordance with regulation 7(2)(c); and
- (b) is accompanied by a declaration of conformity in accordance with regulation 7(2)(d),
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 UK 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—
- (a) the manufacturer of the equipment or his authorised representative ...; or
- (b) in a case where neither the manufacturer of the equipment nor his authorised representative ... has placed the equipment on the market, the person who places it on the market or puts it into service in the United Kingdom;
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—
- (a) state that the enforcement authority suspects that the UK marking and the indication of the guaranteed sound power level has not been correctly affixed to the equipment;
- (b) specify the respect in which it is so suspected and give particulars thereof;
- (c) require the person to whom the notice is given—
- (i) to secure that any equipment to which the notice relates conforms as regards the provisions concerning the correct affixation of the UK marking and the indication of the guaranteed sound power level within such period as may be specified in the notice; or
- (ii) to provide evidence within that period, to the satisfaction of the enforcement authority, that the UK marking and the indication of the guaranteed sound power level has been correctly affixed; and
- (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—
- (a) contravenes or fails to comply with regulation 7(1); or
- (b) fails to retain a copy of the declaration of conformity as required by regulation 7(4); or
- (c) fails to supply a copy of the declaration of conformity as required by regulation 12,
shall be guilty of an offence.
Penalties
19
- (1) Subject to paragraph (1A), A person guilty of an offence under regulation 18(a) shall be liable on summary conviction—
- (a) to imprisonment for a term not exceeding three months; or
- (b) to a fine not exceeding level 5 on the standard scale,
or to both.
- (1A) Where a person fails to comply with a requirement in respect of the UK(NI) indication, a person guilty of an offence under regulation 18(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
- (2) A person guilty of an offence under regulation 18(b), (c) or paragraphs 9, 10, 11 ... 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—
- (a) to the act or default of another; or
- (b) to reliance on information given by another,
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—
- (a) to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
- (b) to whether he had any reason to disbelieve the information.
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 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 , 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".
SCHEDULE 1 — (Extract from Article 12)
Equipment subject to noise limits
- builders' hoists for the transport of goods (combustion-engine driven) Definition: Annex I, Item 3. Measurement: Annex III, Part B, item 3
- compaction machines (only vibrating and non-vibrating rollers, vibratory plates and vibratory rammers) Definition: Annex I, Item 8. Measurement: Annex III, Part B, item 8
- compressors (<350 kW) Definition: Annex I, Item 9. Measurement: Annex III, Part B, item 9
- concrete-breakers and picks, hand-held Definition: Annex I, Item 10. Measurement: Annex III, Part B, item 10
- construction winches (combustion-engine driven) Definition: Annex I, Item 12. Measurement: Annex III, Part B, item 12
- dozers (<500 kW) Definition: Annex I, Item 16. Measurement : Annex III, Part B, item 16
- dumpers (<500 kW) Definition: Annex I, Item 18. Measurement: Annex III, Part B, item 18
- excavators, hydraulic or rope-operated (<500 kW) Definition: Annex I, Item 20. Measurement: Annex III, Part B, item 20
- excavator-loaders (<500 kW) Definition: Annex I, Item 21. Measurement: Annex III, Part B, item 21
- graders (<500 kW) Definition: Annex I, Item 23. Measurement: Annex III, Part B, item 23
- hydraulic power packs Definition: Annex I, Item 29. Measurement: Annex III, Part B, item 29
- landfill compactors, loader-type with bucket (<500 kW) Definition: Annex I, Item 31. Measurement: Annex III, Part B, item 31
- lawnmowers (excluding agricultural and forestry equipment, and multi-purpose devices, the main motorised component of which has an installed power of more than 20 kW) Definition: Annex I, Item 32. Measurement: Annex III, Part B, item 32
- lawn trimmers/lawn edge trimmers Definition: Annex I, Item 33. Measurement: Annex III, Part B, item 33
- lift trucks, combustion-engine driven, counterbalanced (excluding “other counterbalanced lift trucks” as defined in Annex I, Item 36, second indent with a rated capacity of not more than 10 tonnes) Definition: Annex I, Item 36. Measurement: Annex III, Part B, item 36
- loaders (<500 kW) Definition: Annex I, Item 37. Measurement: Annex III, Part B, item 37
- mobile cranes Definition: Annex I, Item 38. Measurement: Annex III, Part B, item 38
- motor hoes (<3 kW) Definition: Annex I, Item 40. Measurement: Annex III, Part B, item 40
- paver-finishers (excluding paver-finishers equipped with a high-compaction screed) Definition: Annex I, Item 41. Measurement: Annex III, Part B, item 41
- power generators (<400 kW) Definition: Annex I, Item 45. Measurement: Annex III, Part B, item 45
- tower cranes Definition: Annex I, Item 53. Measurement: Annex III, Part B, item 53
- welding generators Definition: Annex I, Item 57. Measurement: Annex III, Part B, item 57
SCHEDULE 2 — (Extract from Article 13)
Equipment subject to noise marking only
- aerial access platforms with combustion engine Definition: Annex I, Item 1. Measurement: Annex III, Part B, item 1
- brush cutters Definition: Annex I, Item 2. Measurement: Annex III, Part B, item 2
- builders' hoists for the transport of goods (with electric motor) Definition: Annex I, Item 3. Measurement: Annex III, Part B, item 3
- building site band saw machines Definition: Annex I, Item 4. Measurement: Annex III, Part B, item 4
- building site circular saw benches Definition: Annex I, Item 5. Measurement: Annex III, Part B, item 5
- chain saws, portable Definition: Annex I, Item 6. Measurement: Annex III, Part B, item 6
- combined high pressure flushers and suction vehicles Definition: Annex I, Item 7. Measurement: Annex III, Part B, item 7
- compaction machines (explosion rammers only) Definition: Annex I, Item 8. Measurement: Annex III, Part B, item 8
- concrete or mortar mixers Definition: Annex I, Item 11. Measurement: Annex III, Part B, item 11
- construction winches (with electric motor) Definition: Annex I, Item 12. Measurement: Annex III, Part B, item 12
- conveying and spraying machines for concrete and mortar Definition: Annex I, Item 13. Measurement: Annex III, Part B, item 13
- conveyor belts Definition: Annex I, Item 14. Measurement: Annex III, Part B, item 14
- cooling equipment on vehicles Definition: Annex I, Item 15. Measurement: Annex III, Part B, item 15
- drill rigs Definition: Annex I, Item 17. Measurement: Annex III, Part B, item 17
- equipment for loading and unloading silos or tanks on trucks Definition: Annex I, Item 19. Measurement: Annex III, Part B, item 19
- glass recycling containers Definition: Annex I, Item 22. Measurement: Annex III, Part B, item 22
- grass trimmers/grass edge trimmers Definition: Annex I, Item 24. Measurement: Annex III, Part B, item 24
- hedge trimmers Definition: Annex I, Item 25. Measurement: Annex III, Part B, item 25
- high pressure flushers Definition: Annex I, Item 26. Measurement: Annex III, Part B, item 26
- high pressure water jet machines Definition: Annex I, Item 27. Measurement: Annex III, Part B, item 27
- hydraulic hammers Definition: Annex I, Item 28. Measurement: Annex III, Part B, item 28
- joint cutters Definition: Annex I, Item 30. Measurement: Annex III, Part B, item 30
- leaf blowers Definition: Annex I, Item 34. Measurement: Annex III, Part B, item 34
- leaf collectors Definition: Annex I, Item 35. Measurement: Annex III, Part B, item 35
- lift trucks, combustion-engine driven, counterbalanced (only “other counterbalanced lift trucks” as defined in Annex I, Item 36, second indent, with a rated capacity of not more than 10 tonnes) Definition: Annex I, Item 36. Measurement: Annex III, Part B, item 36
- mobile waste containers Definition: Annex I, Item 39. Measurement: Annex III, Part B, item 39
- paver-finishers (equipped with a high-compaction screed) Definition: Annex I, Item 41. Measurement: Annex III, Part B, item 41
- piling equipment Definition: Annex I, Item 42. Measurement: Annex III, Part B, item 42
- pipelayers Definition: Annex I, Item 43. Measurement: Annex III, Part B, item 43
- piste caterpillars Definition: Annex I, Item 44. Measurement: Annex III, Part B, item 44
- power generators (≥ 400 kW) Definition: Annex I, Item 45. Measurement: Annex III, Part B, item 45
- power sweepers Definition: Annex I, Item 46. Measurement: Annex III, Part B, item 46
- refuse collection vehicles Definition: Annex I, Item 47. Measurement: Annex III, Part B, item 47
- road milling machines Definition: Annex I, Item 48. Measurement: Annex III, Part B, item 48
- scarifiers Definition: Annex I, Item 49. Measurement: Annex III, Part B, item 49
- shredders/chippers Definition: Annex I, Item 50. Measurement: Annex III, Part B, item 50
- snow-removing machines with rotating tools (self-propelled, excluding attachments) Definition: Annex I, Item 51. Measurement: Annex III, Part B, item 51
- suction vehicles Definition: Annex I, Item 52. Measurement: Annex III, Part B, item 52
- trenchers Definition: Annex I, Item 54. Measurement: Annex III, Part B, item 54
- truck mixers Definition: Annex I, Item 55. Measurement: Annex III, Part B, item 55
- water pump units (not for use under water) Definition: Annex I, Item 56. Measurement: Annex III, Part B, item 56
SCHEDULE 3 — (Extract from Article 12) Permissible Sound Power Levels
| Type of equipment | Net installed power P (in kW) Electric power Pel[^f01000] in kW Mass of appliance m in kg Cutting width L in cm | Permissible sound power level in dB(A)/1 pW | Permissible sound power level in dB(A)/1 pW |
|---|---|---|---|
| Stage I as from 3 January 2002 | Stage II as from 3 January 2006 | ||
| (1) Pel for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty factor given by the manufacturer Pel for power generators: prime power according to ISO 8528–1:1993, point 13.3.2 | (1) Pel for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty factor given by the manufacturer Pel for power generators: prime power according to ISO 8528–1:1993, point 13.3.2 | (1) Pel for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty factor given by the manufacturer Pel for power generators: prime power according to ISO 8528–1:1993, point 13.3.2 | (1) Pel for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty factor given by the manufacturer Pel for power generators: prime power according to ISO 8528–1:1993, point 13.3.2 |
| (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. | (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. | (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. | (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). | 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). | 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). | 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). |
| Compaction machines (vibrating rollers, vibratory plates, vibratory rammers) | P≤8 8<P≤70 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 | P≤55 P>55 | 104 85 + 11 lgP | 101 82 + 11 lgP |
| Excavators, builders' hoists for the transport of goods, constrction winches, motor hoes | P≤15 P>15 | 96 83 + 11 lgP | 93 80 + 11 lgP |
| Hand-held concrete-breakers and picks | m≤15 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[^f01001] 98 98[^f01001] 103[^f01001] |
SCHEDULE 4 — (ANNEX I to the Directive)
Definitions of Equipment
Aerial access platforms with combustion engines
1
Equipment consisting of a minimum of a work platform, an extending structure and a chassis. The work platform is a fenced platform or a cage which can be moved under load to the required working position. The extending structure is connected to the chassis and supports the work platform; it allows movement of the work platform to its required position.
Brush cutter
2
A combustion-engine driven portable hand-held unit fitted with a rotating blade made of metal or plastic intended to cut weeds, brush, small trees and similar vegetation. The cutting device operates in a plane approximately parallel to the ground.
Builders’ hoist for the transport of goods
3
A power-operated, temporarily installed builders’ hoist intended for use by persons who are permitted to enter engineering and construction sites, serving:
- (i) defined landing levels, having a platform
- — designed for the transportation of goods only
- — which permits the access of persons during loading and unloading
- — which permits the access and travel by authorised persons during erection, dismantling and maintenance
- — guided
- — travelling vertical or along a path within 15 degrees maximum of the vertical
- — supported or sustained by: wire, rope, chain, screwed spindle and nut, rack and pinion, hydraulic jack (direct or indirect), or an expanding linkage mechanism
- — where masts may or may not require support from separate structures, or
- (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:
- — designed for the transportation of goods only
- — designed that there is no need to step on it for loading or unloading purposes or for maintenance, erection and dismantling
- — from which persons are prohibited at any time
- — guided
- — which is designed to travel at an angle of at least 30 degrees to the vertical but may be used at any angle
- — sustained by steel wire rope and a positive drive system
- — controlled by constant pressure type controls
- — which does not benefit from the use of any counterweight
- — having a maximum rated load of 300 kg
- — having a maximum speed of 1 m/s
- — and where the guides require support from separate structures.
Building site band saw machine
4
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.
Building site circular saw bench
5
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).
Chain saw, portable
6
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.
Combined high pressure flusher and suction vehicle
7
A vehicle which may work either as a high pressure flusher or as a suction vehicle. See high pressure flusher and suction vehicle.
Compaction machine
8
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.
Compressor
9
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.
Concrete-breakers and picks, hand held
10
Powered (by any method) concrete-breakers and picks used to perform work on civil engineering and building sites.
Concrete or mortar mixer
11
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).
Construction winch
12
A power-operated, temporarily installed lifting appliance which is equipped with means for raising and lowering a suspended load.
Conveying and spraying machine for concrete and mortar
13
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.
Conveyor belt
14
A temporarily installed machine suitable for transporting material by means of a power-driven belt.
Cooling equipment on vehicles
15
A cargo space refrigeration unit on vehicle categories N2, N3, O3 and O4 as defined by Directive 70/156/EEC.
Dozer
16
A self-propelled wheeled or crawler machine used to exert a push or pull force through mounted equipment.
Drill rig
17
A machine which is used for drilling holes on construction sites by:
- — percussive drilling
- — rotary drilling
- — rotary percussive drilling.
Dumper
18
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.
Equipment for loading and unloading of silos or tanks on trucks
19
Powered devices attached to silo or tanker trucks for loading or unloading of liquids or bulk material by means of pumps or similar equipment.
Excavator, hydraulic or rope-operated
20
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.
Excavator-loader
21
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.
Glass recycling container
22
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.
Grader
23
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.
Grass trimmer/grass edge trimmer
24
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.
Hedge trimmer
25
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.
High pressure flusher
26
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.
High pressure water jet machine
27
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.
Hydraulic hammer
28
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.
Hydraulic power pack
29
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).
Joint cutter
30
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
Landfill compactor, loader-type with bucket
31
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.
Lawnmower
32
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.
Lawn trimmer/lawn edge trimmer
33
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.
Leaf blower
34
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.
Leaf collector
35
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.
Lift truck, combustion-engine driven, counterbalanced
36
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.
Loader
37
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.
Mobile crane
38
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.
Mobile waste container
39
An appropriate designed container fitted with wheels intended to store waste temporarily, and which is equipped with a cover.
Motor hoe
40
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)).
Paver-finisher
41
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.
Piling equipment
42
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.
Pipelayer
43
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.
Piste caterpillar
44
A self-propelled crawler machine used to exert a push or pull force on snow and ice through mounted equipment.
Power generator
45
Any device comprising an internal combustion engine driving a rotary electrical generator producing a continuous supply of electrical power.
Power sweeper
46
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.
Refuse collection vehicle
47
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.
Road-milling machine
48
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.
Scarifier
49
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.
Shredder/chipper
50
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.
Snow-removing machine with rotating tools
51
A machine with which snow can be removed from traffic areas by rotating means, accelerated and ejected by blower means.
Suction vehicle
52
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.
Tower crane
53
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.
Trencher
54
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.
Truck mixer
55
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.
Water pump unit
56
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.
Welding generator
57
Any rotary device which produces a welding current.
SCHEDULE 5 — (ANNEX II to the Directive)
EC Declaration of conformity
The EC declaration of conformity must contain the following particulars:
- Name and address of the manufacturer or his authorised representative established in the Community.
- Name and address of the person who keeps the technical documentation.
- Description of the equipment.
- Conformity assessment procedure followed, and, where appropriate, name and address of the notified body involved.
- Measured sound power level on an equipment representative for this type.
- Guaranteed sound power level for this equipment.
- A reference to this Directive.
- The declaration that the equipment conforms to the requirements of this Directive.
- Where appropriate, the declaration(s) of conformity and references of the other Community Directives applied.
- The place and date of the declaration.
- Particulars of the signatory authorised to sign the legally binding declaration for the manufacturer or his authorised representative established in the Community.
SCHEDULE 6 — (ANNEX III to the Directive)
Method of measurement of airborne noise emitted by equipment for use outdoors
Scope
This Annex lays down the methods of measurement of airborne noise that shall be used for the determination of the sound power levels of equipment covered by this Directive with a view to the conformity assessment procedures of this Directive.
Part A of this Annex for each type of equipment referred to in Article 2(1) lays down:
- basic noise emission standards
- general supplements to these basic noise emission standards
for measuring the sound pressure level on a measurement surface enveloping the source and for calculating the sound power level produced by the source.
Part B of this Annex for each type of equipment referred to in Article 2(1) lays down:
- a recommended basic noise emission standard including: a reference to the basic noise emission standard chosen from Part A the test area the value of the constant K2A the shape of the measurement surface the number and position of microphones to be used
- operating conditions including: the reference to a standard, if any requirements relating to mounting of the equipment a method to calculate the resulting sound power levels in the event that several tests with different operating conditions are to be used
- 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.
PART A — Basic Noise Emission Standard
For the determination of the sound power level of equipment for use outdoors as defined by Article 2(1) the basic noise emission standards,
- EN ISO 3744:1995
- EN ISO 3746:1995
may generally be used subject to the following general supplements:
Measurement uncertainty
1
Measurement uncertainties are not taken into account in the framework of conformity assessment procedures in the design phase.
Operating of source during test
2
Fan speed
2.1
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.
- (a) Fan drive directly connected to the engine
- If the fan drive is directly connected to the engine and/or hydraulic equipment (e.g. by belt drive) it must operate during the test.
- (b) Fan drive with several distinct speeds
- If the fan can work at several distinct speeds the test shall be carried out either
- at its maximum working speed, or
- in a first test with the fan set at zero speed and in a second test the fan set at maximum speed. The resulting sound pressure level LpA shall then be calculated by combining both test results using the following equation: $LpA=10lg{0.3×100.1LpA,0%+0.7×100.1LpA,100%}$ where: LpA,0% is the sound pressure level determined with the fan set at zero speed LpA,100% is the sound pressure level determined with the fan set at maximum speed
- (c) Fan drive with continuous variable speed
- If the fan can work at continuous variable speed, the test shall be carried out either according to 2.1(b) or with the fan speed set by the manufacturer at no less than 70% of the maximum speed.
Test of powered equipment free of load
2.2
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[^f00018].
- 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.
Test of powered equipment under load
2.3
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.
Test of hand-operated equipment
2.4
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.
Calculation of surface sound pressure level
3
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.
Information to be reported
4
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).
Additional microphone positions on the hemispherical measurement surface (EN ISO 3744:1995)
5
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 radiusr are listed in the form of Cartesian co-ordinates in the following table. The radiusr 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 these Regulations for a specific equipment, these specifications shall be used.
| 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 |
Environmental correction K2A
6
Equipment shall be measured on a reflecting surface of concrete or non-porous asphalt, then the environmental correction K2A is set to K2A = 0. If there are other specifications laid down in a noise test code of these Regulations for a specific equipment, these specifications shall be used.
PART B — Noise Test Codes for Specific Equipment
Equipment that is tested free of load
0
Basic noise emission standard
1
The engine is running at maximum speed provided by the manufacturer. The equipment shall not be running. The test is not carried out for vehicles with electrical supply only.
Test area
Reflecting surface of concrete or non-porous asphalt
Environmental correction K2A
K2A = 0
Measurement surface/number of microphone positions/measuring distance
- (i) If the largest dimension of the reference parallelepiped does not exceed 8m: hemisphere/six microphone positions according to Part A item 5/according to Part A item 5.
- (ii) If the largest dimension of the reference parallelepiped exceeds 8m: parallelepiped according to ISO 3744:1995 with measurement distance d = 1m.
Operating conditions during test
1
at least 15 seconds. The resulting sound power level shall be LWA1.
Aerial access platforms with combustion engine
1
See No. 0
Brush Cutters
2
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
- ISO 10884:1995, point 5.3
- Period(s) of observation
- ISO 10884:1995
Builders' hoists for the transport of goods
3
See No. 0
Building site band saw machines
4
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
Building site circular saw benches
5
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
Chain saws, portable
6
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load/Test free of load
Combined High Pressure Flushers and Suction Vehicles
7
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.
Compaction Machines
8
- (i) Non-vibrating rollers
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
Compressors
9
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
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.
Concrete-breakers and picks, hand-held
10
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
Supporting tool
The tool shall be sealed into the block and shall consist of a rammer of no less than 178 mm or no more than 220 mm diameter and a tool chuck component identical to that normally used with the appliance being tested and complying with ISO 1180:1983, but sufficiently long to enable the practical test to be carried out.
Suitable treatment shall be carried out to integrate the two components. The tool shall be fixed in the block so that the bottom of the rammer is 0.30 m from the upper face of the block (see Figure 10.2).
The block shall remain mechanically sound, particularly at the point where the supporting tool and the concrete meet. Before and after each test, it shall be established that the tool sealed in the concrete block is integrated with it.
Positioning of the cube
The cube shall be set in a pit cemented throughout, covered by a screening slab of at least 100 kg/m², as indicated in Figure 10.3, so that the upper surface of the screening slab is flush with the ground. To avoid any parasitic noise, the block shall be insulated against the bottom and sides of the pit by elastic blocks, the cut-off frequency of which shall not be more than half the striking rate of the appliance tested, expressed as strokes per second.
The opening in the screening slab through which the tool chuck component passes shall be as small as possible and sealed by a flexible sound-proof joint.
Test under load
The appliance tested shall be connected to the supporting tool.
The test appliance shall be operated in stable conditions having the same acoustical stability as in normal service.
The test appliance shall be operated at the maximum power specified in the instructions supplied to the purchaser.
Period of observation
The period of observation shall at least be 15 seconds.
The value of A should be such that the screening slab resting on the elastic joint J is flush with the ground.
Concrete or mortar mixers
11
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
Construction winches
12
See No. 0
Conveying and spraying machines for concrete and mortar
13
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
If the machine is equipped with a boom, this is set upright and the pipe shall be led back to the filler funnel. If this is not the case the machine shall be equipped with a horizontal pipe of at least 30 m leading back to the filler funnel.
Conveyor Belts
14
See No. 0
Cooling equipment on vehicles
15
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
Dozers
16
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
Drill rigs
17
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
Dumpers
18
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
Equipment for loading and unloading tanks or silos on trucks
19
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
Excavators
20
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
Excavator-loaders
21
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
Glass recycling containers
22
Basic noise emission standard
EN ISO 3744:1995
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.
Graders
23
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
Grass trimmers/grass edge trimmers
24
See No. 2
Hedge trimmers
25
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
High pressure flushers
26
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
High pressure water jet machines
27
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
Hydraulic hammers
28
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during tests
Mounting of the equipment
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.
Definitions
d Tool diameter (mm)
d₁ Anvil diameter, 1200 ±100 mm
d₂ Inner diameter of the anvil support structure, ≤ 1800 mm
d₃ Diameter of the test block deck, ≤ 2200 mm
d₄ Diameter of the tool opening in the deck, ≤ 350 mm
d₅ Diameter of the tool seal, ≤ 1000 mm
hsub1; Visible tool length between the lowest part of the housing and tool seal upper surface, (mm) h₁ = d ±d/2
h₂ Tool seal thickness above the deck, ≤ 20 mm (if the tool seal is located below the deck, its thickness is not limited; it may be made of foam rubber)
h₃ Distance between deck upper surface and anvil upper surface, 250 ±50 mm
h₄ Isolating foam rubber deck seal thickness, ≤ 30 mm
h₅ Anvil thickness, 350 ±50 mm
h₆ Tool penetration, ≤ 50 mm
If the quadratic shape of the test block structure is used, the maximum length dimension equals 0.89 × corresponding diameter.
The empty space between the deck and the anvil can be filled with elastic foam rubber or other absorption material, density <220 kg/m³.
Hydraulic power packs
29
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
Joint cutters
30
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Test under load
Landfill compactors
31
See No. 37
Lawnmowers
32
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
Lawn trimmers/lawn edge trimmers
33
See No. 32
Leaf blowers
34
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
Leaf collectors
35
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Mounting of equipment
Lift trucks
36
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
Safety requirements and the manufacturer’s information shall be observed.
Loaders
37
Basic noise emission standard
EN ISO 3744:1995
Operating conditions during test
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