The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

Mounting of equipment

Mobile Cranes

38

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Mounting of equipment

Mobile waste containers

39

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

All the measurements shall be carried out with an empty container.

Motor hoes

40

See No. 32

Paver-finishers

41

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

Piling equipment

42

Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 6395:1988

Operating conditions during test

Test under load

Pipelayers

43

See No. 0

Piste caterpillars

44

See No. 0

Power generators

45

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Mounting of equipment

Power sweepers

46

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

Refuse collection vehicles

47

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

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.

2

The compaction system is running.

3

The lifting device is running up and down, without load and without container. The engine speed is obtained and controlled as for the compaction system running (point 2).

4

Material is falling into the refuse collection vehicle.

1

at least 15 seconds. The resulting sound power level shall be LWA1.

2

at least three complete cycles, if the compaction system is running automatically. If the compaction system is not running automatically, but cycle by cycle, measurements are carried out at least during three cycles. The resulting sound power level (LWA2) shall be the root mean square value of the three (or more) measurements.

3

at least three continuous complete work-cycles, including the entirety of lifting device up and lifting device down. The resulting sound power level (LWA3) shall be the root mean square value of the three (or more) measurements.

4

at least three complete work-cycles, each including the falling of 30 tubes into the hopper. Each cycle shall not exceed five seconds. For these measurements, LpAeq,T is replaced by LpA,ls. The resulting sound power level (LWA4) shall be the root mean square value of the three (or more) measurements.

Road milling machines

48

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Mounting of equipment

Scarifiers

49

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

Shredders/Chippers

50

Basic noise emission standard

EN ISO 3744:1995

Snow removing machines with rotating tools

51

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

Suction vehicles

52

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

Tower cranes

53

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Mounting of equipment

Trenchers

54

See No. 0

Truck Mixers

55

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

Water pump units

56

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Mounting of equipment

Welding generators

57

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Mounting of equipment

SCHEDULE 7 — (ANNEX IV to the Directive)

Models of the CE UK marking of conformity and of the indication of the guaranteed sound power level

The CE conformity marking must consist of the initials “CE” taking the following form:

If the CE marking is reduced or enlarged according to the size of the equipment the proportions given in the above drawing must be respected. The various components of the CE marking must have substantially the same vertical dimensions which may not be less than 5 mm.

The indication of the guaranteed sound power level must consist of the single-number of the guaranteed sound power in dB, the sign LWA and a pictogram taking the following form:

If the indication is reduced or enlarged according to the size of the equipment the proportions given in the above drawings must be respected. However, the vertical dimension of the indication should, if possible, not be less than 40mm.

SCHEDULE 8 — (ANNEX V to the Directive)

Internal control of production

1

This Schedule describes the procedure whereby the manufacturer, or his authorised representative ..., who carries out the obligations laid down in point 2, ensures and declares that the equipment concerned satisfies the requirements of these Regulations. The manufacturer, or his authorised representative ..., must affix the UK marking of conformity and the indication of the guaranteed sound power level as required by regulation 7(2)(c), regulation 11 and Schedule 7 to each piece of equipment and draw up a written ... declaration of conformity as required by regulation 7(2)(d) and Schedule 5.

2

The manufacturer, or his authorised representative established in the European Union, must draw up the technical documentation described in point 3 and he must keep it for a period ending at least 10 years after the last product has been manufactured at the disposal of the relevant national authorities for inspection purposes. The manufacturer, or his authorised representative established in the European Union, may entrust another person to keep the technical documentation. In this case he has to include the name and address of this person in the EC declaration of conformity.

3

The technical documentation must enable the conformity of the equipment with the requirements of these Regulations to be assessed. It must contain at least the following information:

• — name and address of the manufacturer or his authorised representative ...

• — a description of the equipment

• — make

• — trade name

• — type, series and numbers

• — the technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understanding.

• — the reference to these Regulations

• — the technical report of noise measurements carried out in accordance with the provisions of these Regulations

• — the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.

4

The manufacturer must take all measures necessary in order that the manufacturing process ensure continuing compliance of the manufactured equipment with the technical documentation referred to in points 2 and 3 and with the requirements of these Regulations.

SCHEDULE 9 — (ANNEX VI to the Directive)

Internal control of production with assessment of technical documentation and periodical checking

1

This Schedule describes the procedure whereby the manufacturer, or his authorised representative ... who carries out the obligations laid down in points 2, 5 and 6 ensures and declares that the equipment concerned satisfies the requirements of these Regulations. The manufacturer, or his authorised representative ..., must affix the UK marking of conformity and the indication of the guaranteed sound power level as required in regulation 7(2)(c), regulation 11 and Schedule 7 to each piece of equipment and draw up a written EC declaration of conformity as required in regulation 7(2)(d) and Schedule 5.

2

The manufacturer, or his authorised representative established in the European Union, must draw up the technical documentation described in point 3 and he must keep it for a period ending at least 10 years after the last product has been manufactured at the disposal of the relevant national authorities for inspection purposes. The manufacturer, or his authorised representative established in the European Union, may entrust another person to keep the technical documentation. In this case he has to include the name and address of this person in the EC declaration of conformity.

3

The technical documentation must enable the conformity of the equipment with the requirements of these Regulations to be assessed. It must contain at least the following information:

• — name and address of the manufacturer or his authorised representative ...

• — a description of the equipment

• — make

• — trade name

• — type, series and numbers

• — the technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understanding

• — the reference to these Regulations

• — the technical report of noise measurements carried out in accordance with the provisions of these Regulations

• — the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.

4

The manufacturer must take all measures necessary in order that the manufacturing process ensures compliance of the manufactured equipment with the technical documentation referred to in points 2 and 3 and with the requirements of these Regulations.

5

Evaluation by the approved body prior to placing on the market

• The manufacturer, or his authorised representative ..., shall present a copy of his technical documentation to an approved body of his choice before the first item of equipment is placed on the market or put into service.

• If there are doubts about the plausibility of the technical documentation, the approved body shall inform accordingly the manufacturer or his authorised representative ..., and, if need be, carry out, or have carried out modifications to the technical documentation, or possibly, tests deemed necessary.

• After the approved body has issued a report confirming that the technical documentation satisfies the provisions of this Directive, the manufacturer or his authorised representative ... may affix the UK marking to the equipment and issue a declaration of conformity in accordance with regulation 7(2)(c) and (d), regulation 11 and Schedules 5 and 7, for which he will bear complete responsibility.

6

Evaluation by the approved body during production

• The manufacturer, or his authorised representative ..., shall further involve the approved body in the production phase according to one of the following procedures to be chosen by the manufacturer or his authorised representative ...:— the approved body shall carry out periodical checks in order to verify continuing compliance of the manufactured equipment with the technical documentation and with the requirements of these Regulations; in particular the approved body shall concentrate on:— the correct and complete marking of the equipment according to regulation 7(2)(c), regulation 11 and Schedule 7,— issuing of the EC declaration of conformity according to regulation 7(2)(d) and Schedule 5,— the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.

• The manufacturer, or his authorised representative ..., shall give the approved body free access to all the internal documentation supporting these procedures, the actual results of the internal audits and the corrective actions which have been taken, if any.

• Only if the above checks give unsatisfactory results shall the approved body carry out noise tests, which, on its own judgement and experience, may be simplified or completely carried out according to the provisions laid down in Schedule 6 for the relevant type of equipment,— the approved body shall carry out or have carried out product checks at random intervals. An adequate sample of the final equipment, chosen by the approved body, must be examined and appropriate noise tests as set out in Schedule 6, or equivalent tests, must be carried out to check the conformity of the product with the relevant requirements of the Directive. The product checking must include the following aspects:— the correct and complete marking of the equipment according to regulation 7(2)(c), regulation 11 and Schedule 7,— issuing of the EC declaration of conformity according to regulation 7(2)(d) and Schedule 5.

• In both procedures, the frequency of the checks shall be defined by the approved body according to the results of previous evaluations, the need to monitor corrective actions and further guidance for the frequency of the checks that may be given by the yearly production and the general reliability of the manufacturer to maintain the guaranteed values; however a check shall be carried out at least once every three years.

• If there are doubts about the plausibility of the technical documentation or the adherence during production, the approved body shall inform accordingly the manufacturer, or his authorised representative ....

• In those cases where equipment checked does not conform to the provisions of these Regulations, the approved body must inform the Secretary of State.

SCHEDULE 10 — (ANNEX VII to the Directive)

Unit Verification

1

This Schedule describes the procedure whereby the manufacturer, or his authorised representative ..., ensures and declares that the equipment which has been issued with the certificate referred to in point 4 conforms to the requirements of these Regulations. The manufacturer, or his authorised representative ..., must affix the UK marking supplemented by the information as required in regulation 7(2)(c), regulation 11 and Schedule 7 to the equipment and draw up the ... declaration of conformity referred to in regulation 7(2)(d) and Schedule 5.

2

The application for a unit verification must be lodged by the manufacturer or his authorised representative ... with an approved body chosen by him.

This application must include:

• — the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address in addition

• — a written declaration that the same application has not been lodged with any other approved body,

• — a technical documentation conforming to the requirements set below:— a description of the equipment— trade name— type, series and numbers— the technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understanding— the reference to these Regulations.

3

The approved body must:

• — examine whether the equipment has been manufactured in conformity with the technical documentation

• — agree with the applicant the location where, in accordance with these Regulations, the noise tests will be carried out

• — in accordance with these Regulations, carry out or have carried out the necessary noise tests.

4

Where the equipment meets the provisions of these Regulations, the approved body must issue a certificate of conformity to the applicant as described in Schedule 12.

If the approved body refuses to issue a certificate of conformity, it must state the detailed grounds for the refusal.

5

The manufacturer, or his authorised representative established in the European Union, must keep with the technical documentation copies of the certificate of conformity for a period of 10 years from the date on which the equipment is placed on the market.

SCHEDULE 11 — (ANNEX VIII to the Directive)

Full Quality Assurance

1

This Schedule describes the procedure whereby the manufacturer who satisfies the obligations of point 2 ensures and declares that the equipment concerned satisfies the requirements of these Regulations. The manufacturer, or his authorised representative ..., must affix the UK marking supplemented by the information as required in regulation 7(2)(c), regulation 11 and Schedule 7 to each product and draw up the written ... declaration of conformity referred to in regulation 7(2)(d) and Schedule 5.

2

The manufacturer must operate an approved quality assurance system for design, manufacture and final product inspection and testing as specified in point 3 and shall be subject to surveillance as specified in point 4.

3

Quality assurance system

3.1

The manufacturer must lodge an application for assessment of his quality assurance system with a notified body of his choice.

3.2

The quality assurance system must ensure compliance of the product with the requirements of the Directives that apply to it.

3.3

It must contain in particular an adequate description of:

• the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality

• the technical documentation to be drawn up for each product, containing at least the information indicated in point 3.1 for the technical documentations mentioned there

• the design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the equipment category covered

• the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used

• the examinations and test that will be carried out before, during and after manufacture, and the frequency with which they will be carried out

• the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned etc.

• the means to monitor the achievement of the required design and product quality and the effective operation of the quality assurance system.

• The notified body must assess the quality assurance system to determine whether it satisfies the requirements referred to in point 3.2. It shall presume conformity with these requirements in respect of quality assurance systems that implement EN ISO 9001.

• The auditing team must have at least one member with experience as an assessor in the equipment technology concerned. The assessment procedure must include an assessment visit to the manufacturer’s premises.

• The decision must be notified to the manufacturer. The notification must contain the conclusion of the examination and the reasoned assessment decision.

3.4

The manufacturer must undertake to fulfil the obligations arising out of the quality assurance system as approved and to maintain it in an adequate and efficient manner.

• The manufacturer or his authorised representative established within the Community shall keep the notified body that has approved the quality assurance system informed of any intended updating of the quality assurance system.

• The notified body must evaluate the modifications proposed and decide whether the modified quality assurance system will still satisfy the requirements referred to in point 3.2 or whether a reassessment is required.

• It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

4

Surveillance under the responsibility of the notified body

4.1

The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality assurance system.

4.2

The manufacturer must allow the notified body entrance for inspection purposes to the locations of design, manufacture, inspection and testing, and storage and must provide it with all necessary information, in particular:

• the quality assurance system documentation

• the quality records as foreseen by the design part of the quality assurance system, such as results of analyses, calculations, tests, etc.

• the quality records as foreseen by the manufacturing part of the quality assurance system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned etc.

4.3

The notified body shall periodically carry out audits to make sure that the manufacturer maintains and applies the quality assurance system and must provide an audit report to the manufacturer.

4.4

Additionally the notified body may pay unexpected visits to the manufacturer. During such visits the notified body may carry out, or cause to be carried out, tests to verify that the quality assurance system is functioning correctly, if necessary. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

5

The manufacturer must, for a period ending at least 10 years after the last equipment has been manufactured, keep at the disposal of the national authorities:

• — the documentation referred to in the second indent of point 3.1 of this Schedule

• — the updating referred to in the second paragraph of point 3.4

• — the decisions and reports from the approved body which are referred to in the final paragraph of point 3.4, points 4.3 and 4.4.

6

Each approved body must give the other approved bodies the relevant information concerning the quality assurance system approvals issued and withdrawn.

SCHEDULE 12 — (ANNEX X to the Directive)

MODEL OF CONFORMITY CERTIFICATE

SCHEDULE 13 — ENFORCEMENT

Enforcement authorities

1

• (1) The Secretary of State must enforce these Regulations and in carrying out this duty may appoint any person to act on behalf of the Secretary of State, and “enforcement authority” is to be construed accordingly.

• (2) Nothing in these Regulations shall authorise any enforcement authority to bring proceedings in Scotland for an offence.

Test purchases

2

• (1) An enforcement authority shall have power, for the purpose of ascertaining whether any equipment complies with the requirements of regulation 7 to make, or to authorise an officer of the authority to make, any purchase of equipment.

• (2) Where—

• (a) any equipment purchased under this paragraph by or on behalf of any enforcement authority is submitted to a test; and

• (b) the test leads to—

• (i) the bringing of proceedings for an offence under regulation 18 in relation to the equipment or the forfeiture of equipment of the same description under paragraph 13 or 14 below; or

• (ii) the serving of a suspension notice in respect of any equipment; and

• (c) the authority is requested to do so and it is practicable for the authority to comply with the request,

the authority shall allow the person from whom the equipment was purchased or any person who is a party to the proceedings or has an interest in any equipment to which the notice relates to have the equipment tested.

Powers of search etc.

3

• (1) Subject to paragraph 4 below, a duly authorised officer of an enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this paragraph.

• (2) The officer may, for the purpose of ascertaining whether there has been a contravention of any of the requirements of regulation 7—

• (a) inspect any equipment and enter any premises other than premises occupied only as a person’s residence; or

• (b) examine any procedure (including any arrangements for carrying out a test) connected with the production of any equipment.

• (3) If the officer has reasonable ground for suspecting that there has been a contravention of any of the requirements of regulation 7, he may for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain any equipment.

• (4) The officer may seize and detain—

• (a) any equipment, any document, record or information which the officer may require production of under paragraph 8 below, or any other thing, which he has reasonable grounds for believing may be required as evidence in proceedings for an offence under these Regulations, or

• (b) any equipment which he has reasonable grounds for suspecting may be liable to be forfeited under paragraphs 13 and 14 below.

• (5) The officer may, for the purpose of the exercise of his powers under sub-paragraphs (3) or (4) above to seize any equipment, any document or record or any other thing—

• (a) require any person having authority to do so to open any container; and

• (b) himself open or break open any such container where a requirement made under paragraph (a) above in relation to the container has not been complied with.

Provisions supplemental to paragraph 3

4

• (1) An officer seizing any equipment, records, documents, information or other thing under paragraph 3 above shall inform the person from whom they are seized that such equipment, records or other thing have been so seized.

• (2) If a justice of the peace—

• (a) is satisfied by any written information on oath that there are reasonable grounds for believing either—

• (i) that any equipment, documents, records, information or other thing which any officer has power to inspect under paragraph 3 above are on any premises and that their inspection is likely to disclose evidence that there has been a contravention of any of the requirements of regulation 7 of these Regulations; or

• (ii) that such a contravention has taken place, is taking place or is about to take place on any premises; and

• (b) is also satisfied by any such information either—

• (i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this paragraph has been given to the occupier; or

• (ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,

the justice may by warrant under his hand, which shall continue in force for one month, authorise any officer of an enforcement authority to enter the premises, if need be by force.

• (3) An officer entering any premises by virtue of paragraph 3 above or a warrant under sub-paragraph (2) of this paragraph may take with him such other persons and such equipment as may appear to him necessary.

• (4) On leaving any premises which a person is authorised to enter by a warrant under sub-paragraph (2) of this paragraph, that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.

• (5) Where any equipment seized by an officer under paragraph 3 above is submitted to a test, the officer shall inform the persons mentioned in sub-paragraph (1) of this paragraph of the result of the test and, if—

• (a) proceedings are brought for an offence in respect of a contravention in relation to any equipment of any provision of these Regulations or for the forfeiture of any relevant equipment under paragraphs 13 and 14 below, or a suspension notice is served in respect of any equipment; and

• (b) the officer is requested to do so and it is practicable to comply with the request,

the officer shall allow any person who is a party to the proceedings or, as the case may be, has an interest in the equipment to which the notice relates to have the equipment tested.

• (6) In the application of this paragraph to Scotland, the reference in sub-paragraph (2) above to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.

• (7) In the application of this paragraph to Northern Ireland, the references in sub-paragraph (2) above to any information on oath shall be construed as references to any complaint on oath.

Appeals against detention of equipment

5

• (1) Any person having an interest in any equipment, document, record, information or other thing which is for the time being detained under any provision of this Schedule by an enforcement authority or by an officer of such an authority may apply for an order requiring the equipment to be released to him or to another person.

• (2) An application under this paragraph may be made—

• (a) to any magistrates’ court in which proceedings have been brought in England and Wales and Northern Ireland—

• (i) for an offence under regulation 18; or

• (ii) for the forfeiture of the equipment under paragraph 13 below;

• (b) where no such proceedings have been so brought, by way of complaint to a magistrates’ court; or

• (c) in Scotland, by summary application to the sheriff.

• (3) On an application under this paragraph to a magistrates’ court or to the sheriff, an order requiring equipment to be released shall be made only if the court or sheriff is satisfied—

• (a) that proceedings—

• (i) for an offence under regulation 18 in respect of the equipment; or

• (ii) for the forfeiture of the equipment under paragraph 13 or 14 below, have not been brought or, having been brought, have been concluded without the equipment being forfeited; and

• (b) where no such proceedings have been brought, that more than six months have elapsed since the equipment was seized.

• (4) Any person aggrieved by an order made under this regulation by a magistrates’ court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

• (a) in England and Wales, to the Crown Court;

• (b) in Northern Ireland, to the county court;

and an order so made may contain such provision as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 of article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).

Suspension notices

6

• (1) Where an enforcement authority has reasonable grounds for suspecting that regulation 7 has been contravened, the authority may serve a notice (“a suspension notice") in relation to equipment prohibiting the person on whom it is served, for such period ending not more than six months after the date of the notice as is specified therein, from placing on the market or putting into service the equipment without the consent of that authority.

• (2) A suspension notice served by an enforcement authority in respect of any equipment shall—

• (a) describe the equipment to which it relates in a manner sufficient to identify it;

• (b) set out the grounds on which the authority suspects that regulation 7 has been contravened; and

• (c) state that, and the manner in which, the person on whom the notice is served may appeal against the notice under paragraph 7 below.

• (3) A consent given by an enforcement authority for the purposes of a suspension notice may impose such conditions on the doing of anything for which the consent is required as that authority considers appropriate.

• (4) A suspension notice may require the person on whom it is served to keep the enforcement authority which served the notice informed of the whereabouts throughout the period during which the notice has effect of any of the equipment in which that person has an interest.

• (5) Where a suspension notice has been served on any person in respect of any equipment, no further such notice shall be served on that person in respect of the same equipment unless—

• (a) proceedings against that person for an offence under regulation 18; or

• (b) proceedings for the forfeiture of the equipment under paragraph 13 or 14 below,

are pending at the end of the period specified in the first-mentioned notice.

Appeals against suspension notices

7

• (1) Any person having an interest in any equipment in respect of which a suspension notice is for the time being in force may apply for an order setting aside the notice.

• (2) An application under this paragraph may be made—

• (a) in England and Wales or Northern Ireland—

• (i) to any magistrates’ court in which proceedings have been brought—

• (aa) for an offence under regulation 18; or

• (bb) for the forfeiture of the equipment under paragraph 13 below; or

• (ii) where no such proceedings have been so brought, by way of complaint to a magistrates’ court; or

• (b) in Scotland, by summary application to the sheriff.

• (3) On an application under this paragraph to a magistrates’ court in England and Wales or Northern Ireland the court shall make an order setting aside the suspension notice only if the court is satisfied that there has been no contravention in relation to the equipment of the requirements of regulation 7.

• (4) On an application under this paragraph to the sheriff he shall make an order setting aside the suspension notice only if he is satisfied that at the date of making the order—

• (a) proceedings for an offence under regulation 18; or

• (b) proceedings for the forfeiture of the equipment under paragraph 14 below,

have not been brought or, having been brought, have been concluded.

• (5) Any person aggrieved by an order made under this paragraph by a magistrates’ court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

• (a) in England or Wales, to the Crown Court;

• (b) in Northern Ireland, to the county court;

and an order so made may contain such provision as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 or article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).

Power to require production of documents and information etc.

8

An officer of an enforcement authority may, for the purposes of exercising his functions under this Schedule, require—

• (a) any person who is required by regulation 7(4) to retain a declaration of conformity during the period in which that person is required to retain that document, to produce such document;

• (b) any person who is in possession of a declaration of conformity, or of a copy of such document, at any time to produce it;

• (c) any person, to produce such technical documentation relating to such equipment as are in his possession or under his control; or

• (d) any person, to give him such information as he may reasonably require,

and such officer may inspect any thing which he may require to be produced under this paragraph, and take a copy thereof or of any part thereof.

Contravention of a suspension notice

9

Any person who contravenes a suspension notice shall be guilty of an offence.

False information

10

Any person who, in giving any information which he is required to give under paragraph 8(c) or (d) above—

• (a) makes any statement which he knows is false in a material particular; or

• (b) recklessly makes any statement which is false in a material particular,

shall be guilty of an offence.

Obstruction etc. of officers of enforcement authorities etc.

11

Any person who—

• (a) intentionally obstructs any officer of an enforcement authority who is acting in pursuance of any provision of this Schedule;

• (b) intentionally fails or refuses to comply with any requirement made of him by any officer of an enforcement authority under any provision of this Schedule;

• (c) without reasonable cause fails or refuses to give any officer of an enforcement authority who is so acting any other assistance which the officer may reasonably require of him for the purposes of the exercise of the officer’s functions under any provision of this Schedule,

shall be guilty of an offence.

Extension of time for bringing summary proceedings

12

In England and Wales or Northern Ireland, a magistrates’ court may try an information in respect of an offence committed under these Regulations if the information is laid within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.

Forfeiture: England and Wales and Northern Ireland

13

• (1) An enforcement authority in England and Wales or Northern Ireland may apply under this paragraph for an order for the forfeiture of any equipment on the grounds that there has been a contravention in relation thereto of regulation 7.

• (2) An application under this paragraph may be made—

• (a) where proceedings have been brought in a magistrates’ court in respect of an offence in relation to the equipment under regulation 18;

• (b) where an application with respect to some or all of the equipment has been made to a magistrates’ court under paragraph 5 or 7 above, to that court; and

• (c) where no application for the forfeiture of the equipment has been made under paragraph (a) or (b) above, by way of complaint to a magistrates’ court.

• (3) On an application under this paragraph the court shall make an order for the forfeiture of the equipment only if it is satisfied that there has been a contravention in relation thereto of regulation 7.

• (4) For the avoidance of doubt it is hereby declared that a court may infer for the purposes of this paragraph that there has been a contravention in relation to any equipment of regulation 7 if it is satisfied that that provision has been contravened in relation to equipment which is representative of that equipment (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

• (5) Any person aggrieved by an order made under this paragraph by a magistrates’ court, or by a decision of such court not to make such an order, may appeal against that order or decision—

• (a) in England and Wales, to the Crown Court;

• (b) in Northern Ireland, to the county court,

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of an order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 or article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).

• (6) Subject to sub-paragraph (7) below, where any equipment is forfeited under this paragraph it shall be destroyed in accordance with such directions as the court may give.

• (7) On making an order under this paragraph a magistrates’ court may, if it considers it appropriate to do so, direct that the equipment to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person—

• (a) does not supply the equipment to any person otherwise than—

• (i) to a person who carries on a business of buying equipment of the same description as the first mentioned equipment and repairing or reconditioning it; or

• (ii) as scrap (that is to say, for the value of materials included in the equipment rather than for the value of the equipment itself); and

• (b) complies with any order to pay costs or expenses (including any order under paragraph 15 below) which has been made against that person in the proceedings for the order of forfeiture.

Forfeiture: Scotland

14

• (1) In Scotland an order for forfeiture of any relevant equipment in relation to which there has been a contravention of regulation 7 may be made by the sheriff—

• (a) on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 ; or

• (b) where a person is convicted of any offence in respect of any such contravention, in addition to any other penalty which the sheriff may impose.

• (2) The procurator-fiscal making an application under sub-paragraph (1)(a) above shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the equipment to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the equipment should not be forfeited.

• (3) Service under sub-paragraph (2) above shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995.

• (4) Any person upon whom a notice is served under sub-paragraph (2) above and any other person claiming to be the owner of, or otherwise to have an interest in, the equipment to which an application under this paragraph relates shall be entitled to appear at the hearing of the application to show cause why the equipment should not be forfeited.

• (5) The sheriff shall not make an order following the application under sub-paragraph (1)(a) above—

• (a) if any person on whom notice is served under sub-paragraph (2) above does not appear, unless service of the notice on that person is proved; or

• (b) if no notice under sub-paragraph (2) above has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve notice on any person.

• (6) The sheriff shall make an order under this paragraph only if he is satisfied that there has been a contravention in relation to the equipment of regulation 7.

• (7) For the avoidance of doubt it is hereby declared that the sheriff may infer for the purposes of this paragraph that there has been a contravention in relation to any equipment of regulation 7 if he is satisfied that that provision has been contravened in relation to equipment which is representative of that equipment (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

• (8) Where an order for the forfeiture of any equipment is made following an application by the procurator-fiscal under sub-paragraph (1)(a) above, any person who appeared, or was entitled to appear, to show cause why it should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under this paragraph as it applies to a stated case under Part X of that Act.

• (9) An order following an application under sub-paragraph (1)(a) above shall not take effect—

• (a) until the end of the period of 21 days beginning with the day after the day on which the order is made; or

• (b) if an appeal is made under sub-paragraph (8) above within that period, until the appeal is determined or abandoned.

• (10) An order under sub-paragraph (1)(b) shall not take effect—

• (a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1995; or

• (b) if an appeal is made within that period, until the appeal is determined or abandoned.

• (11) Subject to sub-paragraph (12) below, equipment forfeited under this paragraph shall be destroyed in accordance with such directions as the sheriff may give.

• (12) If he thinks fit, the sheriff may direct the equipment to be released to such person as he may specify, on condition that that person does not supply it to any person otherwise than—

• (a) to a person who carries on a business of buying equipment of the same description as the first-mentioned equipment and repairing or reconditioning it; or

• (b) as scrap (that is to say, for the value of materials included in the equipment rather than for the value of the equipment itself).

Recovery of expenses of enforcement

15

• (1) This paragraph applies where a court—

• (a) convicts a person of an offence under regulation 18; or

• (b) makes an order under paragraph 13 or 14 above for the forfeiture of any equipment.

• (2) The court may (in addition to any other order it may make as to costs or expenses) order the person convicted or, as the case may be, any person having an interest in the equipment the subject of the order for forfeiture, to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority—

• (a) in investigating the offence, and, without prejudice to the generality of the foregoing, in having the equipment tested;

• (b) in connection with any seizure or detention of the equipment by or on behalf of the authority; or

• (c) in connection with any compliance by that authority with directions given by the court for the purposes of any order for the forfeiture of the equipment.

Service of documents etc.

16

• (1) Any document required or authorised by this Schedule to be served on a person may be so served—

• (a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;

• (b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or

• (c) if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.

• (2) For the purposes of sub-paragraph (1) above, and for the purposes of section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that—

• (a) in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body corporate;

• (b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Savings for certain privileges

17

• (1) Nothing in this Schedule shall be taken as requiring any person to produce any documents or records if he would be entitled to refuse to produce those documents or records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising any person to take possession of any documents or records which are in the possession of a person who would be so entitled.

• (2) Nothing in this Schedule shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person’s spouse.

Savings for action taken under other enactments

18

Nothing in this Schedule shall be construed as preventing the taking of any action in respect of any relevant equipment under the provisions of any other enactment.

Signed

Sainsbury of Turville, — Parliamentary Under-Secretary of State for Science and Innovation, — Department of Trade and Industry — 3rd May 2001

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2000/3238.

[^f00002]: 1972 c. 68.

[^f00003]: S.I. 1985/1968, amended by S.I. 1989/1127.

[^f00004]: S.I. 1988/361, amended by S.I. 1992/488, 1992/3043, 1995/2357.

[^f00005]: S.I. 1992/168, amended by S.I. 1997/876.

[^f00006]: S.R. 1987 No. 328, amended by S.R. 1990 No. 102 and S.R. 1999 No. 123.

[^f00007]: OJ L162, 3.7.2000, p.1.

[^f00008]: A Decision of the EEA Joint Committee will extend the application of the Directive to the EEA. That Decision has not been made at the date of making of these Regulations.

[^f00009]: OJ L207, 23.7.1998, p.1. Directive as amended by Directive 98/79/EC (OJ L331, 7.12.1998, p.1).

[^f00010]: EN ISO 3744:1995—Acoustics—Determination of sound power levels of noise sources using sound pressure—Engineering method in an essentially free field over a reflecting plane.

[^f00011]: EN ISO 3746:1995—Acoustics—Determination of sound power levels of noise sources using sound pressure—Survey method using an enveloping measurement surface over a reflecting plane.

[^f00012]: S.I. 1992/3073, amended by S.I. 1994/2063.

[^f00013]: DTI, PO Box 1302, Bristol, BS99 2GB.

[^f00014]: The European Commission, F.A.O. Secretary General, (DG Environment-Noise Directive 2000/14/EC), 200 Rue de la Loi, B-1049 Brussels, Belgium.

[^f00015]: S.I. 1998/2306.

[^f00016]: 1973 c. 51.

[^f00017]: S.R. 1999 No. 305.

[^f00018]: Net power means the power in “EC kW” obtained on the test bench at the end of the crankshaft, or its equivalent, measured in accordance with the EC method of measuring the power of internal combustion engines for road vehicles, except that the power of the engine cooling fan is excluded.

[^f00019]: The provisions of Article 11 of the Directive are implemented by regulation 11 and Schedule 7.

[^f00020]: The provisions of Article 8 of the Directive are implemented by regulation 7 and Schedule 5.

[^f00021]: 1980 c. 43.

[^f00022]: S.I. 1981/1675 (N.I. 26).

[^f00023]: 1995 c. 46.

[^f00024]: 1978 c. 30.

General duty relating to placing on the market or putting into service

Permissible sound power level of equipment

Exceptions to placing on the market and putting into service of certain equipment

Conformity assessment procedures

CE marking and indication of the guaranteed sound power level

Provision of data

Notified Bodies

Fees

Conditions for equipment being taken to conform

Enforcement

Offences

Penalties

Defence of due diligence

Liability of persons other than the principal offender

Consequential amendments

Equipment subject to noise limits

builders’ hoists for the transport of goods (combustion-engine driven)

Definition: Annex I Schedule 4, Item 3. Measurement: Annex III Schedule 6, Part B, item 3

compaction machines (only vibrating and non-vibrating rollers, vibratory plates and vibratory rammers)

Definition: Annex I Schedule 4, Item 8. Measurement: Annex III Schedule 6, Part B, item 8

compressors (<350 kW)

Definition: Annex I Schedule 4, Item 9. Measurement: Annex III Schedule 6, Part B, item 9

concrete-breakers and picks, hand-held

Definition: Annex I Schedule 4, Item 10. Measurement: Annex III Schedule 6, Part B, item 10

construction winches (combustion-engine driven)

Definition: Annex I Schedule 4, Item 12. Measurement: Annex III Schedule 6, Part B, item 12

dozers (<500 kW)

Definition: Annex I Schedule 4, Item 16. Measurement : Annex III Schedule 6, Part B, item 16

dumpers (<500 kW)

Definition: Annex I Schedule 4, Item 18. Measurement: Annex III Schedule 6, Part B, item 18

excavators, hydraulic or rope-operated (<500 kW)

Definition: Annex I Schedule 4, Item 20. Measurement: Annex III Schedule 6, Part B, item 20

excavator-loaders (<500 kW)

Definition: Annex I Schedule 4, Item 21. Measurement: Annex III Schedule 6, Part B, item 21

graders (<500 kW)

Definition: Annex I Schedule 4, Item 23. Measurement: Annex III Schedule 6, Part B, item 23

hydraulic power packs

Definition: Annex I Schedule 4, Item 29. Measurement: Annex III Schedule 6, Part B, item 29

landfill compactors, loader-type with bucket (<500 kW)

Definition: Annex I Schedule 4, Item 31. Measurement: Annex III Schedule 6, 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 Schedule 4, Item 32. Measurement: Annex III Schedule 6, Part B, item 32

lawn trimmers/lawn edge trimmers

Definition: Annex I Schedule 4, Item 33. Measurement: Annex III Schedule 6, Part B, item 33

lift trucks, combustion-engine driven, counterbalanced (excluding “other counterbalanced lift trucks" as defined in Annex I Schedule 4, Item 36, second indent with a rated capacity of not more than 10 tonnes)

Definition: Annex I Schedule 4, Item 36. Measurement: Annex III Schedule 6, Part B, item 36

loaders (<500 kW)

Definition: Annex I Schedule 4, Item 37. Measurement: Annex III Schedule 6, Part B, item 37

mobile cranes

Definition: Annex I Schedule 4, Item 38. Measurement: Annex III Schedule 6, Part B, item 38

motor hoes (<3 kW)

Definition: Annex I Schedule 4, Item 40. Measurement: Annex III Schedule 6, Part B, item 40

paver-finishers (excluding paver-finishers equipped with a high-compaction screed)

Definition: Annex I Schedule 4, Item 41. Measurement: Annex III Schedule 6, Part B, item 41

power generators (<400 kW)

Definition: Annex I Schedule 4, Item 45. Measurement: Annex III Schedule 6, Part B, item 45

tower cranes

Definition: Annex I Schedule 4, Item 53. Measurement: Annex III Schedule 6, Part B, item 53

welding generators

Definition: Annex I Schedule 4, Item 57. Measurement: Annex III Schedule 6, Part B, item 57

Equipment subject to noise marking only

aerial access platforms with combustion engine

Definition: Annex I Schedule 4, Item 1. Measurement: Annex III Schedule 6, Part B, item 1

brush cutters

Definition: Annex I Schedule 4, Item 2. Measurement: Annex III Schedule 6, Part B, item 2

builders’ hoists for the transport of goods (with electric motor)

Definition: Annex I Schedule 4, Item 3. Measurement: Annex III Schedule 6, Part B, item 3

building site band saw machines

Definition: Annex I Schedule 4, Item 4. Measurement: Annex III Schedule 6, Part B, item 4

building site circular saw benches

Definition: Annex I Schedule 4, Item 5. Measurement: Annex III Schedule 6, Part B, item 5

chain saws, portable

Definition: Annex I Schedule 4, Item 6. Measurement: Annex III Schedule 6, Part B, item 6

combined high pressure flushers and suction vehicles

Definition: Annex I Schedule 4, Item 7. Measurement: Annex III Schedule 6, Part B, item 7

compaction machines (explosion rammers only)

Definition: Annex I Schedule 4, Item 8. Measurement: Annex III Schedule 6, Part B, item 8

concrete or mortar mixers

Definition: Annex I Schedule 4, Item 11. Measurement: Annex III Schedule 6, Part B, item 11

construction winches (with electric motor)

Definition: Annex I Schedule 4, Item 12. Measurement: Annex III Schedule 6, Part B, item 12

conveying and spraying machines for concrete and mortar

Definition: Annex I Schedule 4, Item 13. Measurement: Annex III Schedule 6, Part B, item 13

conveyor belts

Definition: Annex I Schedule 4, Item 14. Measurement: Annex III Schedule 6, Part B, item 14

cooling equipment on vehicles

Definition: Annex I Schedule 4, Item 15. Measurement: Annex III Schedule 6, Part B, item 15

drill rigs

Definition: Annex I Schedule 4, Item 17. Measurement: Annex III Schedule 6, Part B, item 17

equipment for loading and unloading silos or tanks on trucks

Definition: Annex I Schedule 4, Item 19. Measurement: Annex III Schedule 6, Part B, item 19

glass recycling containers

Definition: Annex I Schedule 4, Item 22. Measurement: Annex III Schedule 6, Part B, item 22

grass trimmers/grass edge trimmers

Definition: Annex I Schedule 4, Item 24. Measurement: Annex III Schedule 6, Part B, item 24

hedge trimmers

Definition: Annex I Schedule 4, Item 25. Measurement: Annex III Schedule 6, Part B, item 25

high pressure flushers

Definition: Annex I Schedule 4, Item 26. Measurement: Annex III Schedule 6, Part B, item 26

high pressure water jet machines

Definition: Annex I Schedule 4, Item 27. Measurement: Annex III Schedule 6, Part B, item 27

hydraulic hammers

Definition: Annex I Schedule 4, Item 28. Measurement: Annex III Schedule 6, Part B, item 28

joint cutters

Definition: Annex I Schedule 4, Item 30. Measurement: Annex III Schedule 6, Part B, item 30

leaf blowers

Definition: Annex I Schedule 4, Item 34. Measurement: Annex III Schedule 6, Part B, item 34

leaf collectors

Definition: Annex I Schedule 4, Item 35. Measurement: Annex III Schedule 6, Part B, item 35

lift trucks, combustion-engine driven, counterbalanced (only “other counterbalanced lift trucks" as defined in Annex I Schedule 4, Item 36, second indent, with a rated capacity of not more than 10 tonnes)

Definition: Annex I Schedule 4, Item 36. Measurement: Annex III Schedule 6, Part B, item 36

mobile waste containers

Definition: Annex I Schedule 4, Item 39. Measurement: Annex III Schedule 6, Part B, item 39

paver-finishers (equipped with a high-compaction screed)

Definition: Annex I Schedule 4, Item 41. Measurement: Annex III Schedule 6, Part B, item 41

piling equipment

Definition: Annex I Schedule 4, Item 42. Measurement: Annex III Schedule 6, Part B, item 42

pipelayers

Definition: Annex I Schedule 4, Item 43. Measurement: Annex III Schedule 6, Part B, item 43

piste caterpillars

Definition: Annex I Schedule 4, Item 44. Measurement: Annex III Schedule 6, Part B, item 44

power generators ( ≥400 kW)

Definition: Annex I Schedule 4, Item 45. Measurement: Annex III Schedule 6, Part B, item 45

power sweepers

Definition: Annex I Schedule 4, Item 46. Measurement: Annex III Schedule 6, Part B, item 46

refuse collection vehicles

Definition: Annex I Schedule 4, Item 47. Measurement: Annex III Schedule 6, Part B, item 47

road milling machines

Definition: Annex I Schedule 4, Item 48. Measurement: Annex III Schedule 6, Part B, item 48

scarifiers

Definition: Annex I Schedule 4, Item 49. Measurement: Annex III Schedule 6, Part B, item 49

shredders/chippers

Definition: Annex I Schedule 4, Item 50. Measurement: Annex III Schedule 6, Part B, item 50

snow-removing machines with rotating tools (self-propelled, excluding attachments)

Definition: Annex I Schedule 4, Item 51. Measurement: Annex III Schedule 6, Part B, item 51

suction vehicles

Definition: Annex I Schedule 4, Item 52. Measurement: Annex III Schedule 6, Part B, item 52

trenchers

Definition: Annex I Schedule 4, Item 54. Measurement: Annex III Schedule 6, Part B, item 54

truck mixers

Definition: Annex I Schedule 4, Item 55. Measurement: Annex III Schedule 6, Part B, item 55

water pump units (not for use under water)

Definition: Annex I Schedule 4, Item 56. Measurement: Annex III Schedule 6, Part B, item 56

Type of equipment	Net installed power P (in kW)Electric power Pel[^f01000] in kWMass of appliance m in kgCutting width L in cm	Permissible sound power level in dB/1 pW	Permissible sound power level in dB/1 pW
		Stage I as from 3 January 2002	Stage II as from 3 January 2006
a 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, clause 13.3.2.	a 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, clause 13.3.2.	a 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, clause 13.3.2.	a 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, clause 13.3.2.
bFor the following types of equipment the figures for Stage I shall continue to apply for Stage II—Walk-behind vibrating rollers;Vibratory plates (>3 kW);Vibratory rammers;Dozers (steel tracked);Loaders (steel tracked >55 kW);Combustion-engine driver counterbalanced lift trucks;Compacting screed paver-finishers; andHand-held internal combustion-engine concrete-breakers and picks (15< m<30).	bFor the following types of equipment the figures for Stage I shall continue to apply for Stage II—Walk-behind vibrating rollers;Vibratory plates (>3 kW);Vibratory rammers;Dozers (steel tracked);Loaders (steel tracked >55 kW);Combustion-engine driver counterbalanced lift trucks;Compacting screed paver-finishers; andHand-held internal combustion-engine concrete-breakers and picks (15< m<30).	bFor the following types of equipment the figures for Stage I shall continue to apply for Stage II—Walk-behind vibrating rollers;Vibratory plates (>3 kW);Vibratory rammers;Dozers (steel tracked);Loaders (steel tracked >55 kW);Combustion-engine driver counterbalanced lift trucks;Compacting screed paver-finishers; andHand-held internal combustion-engine concrete-breakers and picks (15< m<30).	bFor the following types of equipment the figures for Stage I shall continue to apply for Stage II—Walk-behind vibrating rollers;Vibratory plates (>3 kW);Vibratory rammers;Dozers (steel tracked);Loaders (steel tracked >55 kW);Combustion-engine driver counterbalanced lift trucks;Compacting screed paver-finishers; andHand-held internal combustion-engine concrete-breakers and picks (15< m<30).
cFor single engine mobile cranes the figures for Stage I shall continue to apply until 3rd January 2008. After that date, Stage II figures shall apply.	cFor single engine mobile cranes the figures for Stage I shall continue to apply until 3rd January 2008. After that date, Stage II figures shall apply.	cFor single engine mobile cranes the figures for Stage I shall continue to apply until 3rd January 2008. After that date, Stage II figures shall apply.	cFor single engine mobile cranes the figures for Stage I shall continue to apply until 3rd January 2008. After that date, Stage II figures shall apply.
Compaction machines (vibrating rollers, vibratory plates, vibratory rammers)	P ≤ £ 8	108	105[^f01001]
Compaction machines (vibrating rollers, vibratory plates, vibratory rammers)	8 < P ≤ £70	109	106[^f01001]
Compaction machines (vibrating rollers, vibratory plates, vibratory rammers)	P > 70	89 + 11 1g P	86 + 11 1g P[^f01001]
Tracked dozers, tracked loaders, tracked excavator-loaders	P ≤ 55	106	103[^f01001]
Tracked dozers, tracked loaders, tracked excavator-loaders	P > 55	87 + 11 1g P	84 + 11 1g P[^f01001]
Wheeled dozers,wheeled loaders, wheeled excavator-loaders, dumpers, graders, loader-type landfill compactors, combustion-engine driven counterbalanced lift trucks, compaction machines (non-vibrating rollers),paver-finishers, hydraulic power packs	P ≤ 55	104	101[^f01001]
Wheeled dozers,wheeled loaders, wheeled excavator-loaders, dumpers, graders, loader-type landfill compactors, combustion-engine driven counterbalanced lift trucks, compaction machines (non-vibrating rollers),paver-finishers, hydraulic power packs	P > 55	85 + 11 1g P	82 + 11 1g P[^f01001]
Mobile cranes	P ≤ 55	104	101[^f01002]
Mobile cranes	P > 55	85 + 11 1g P	82 + 11 1g P 101[^f01002]
Excavators, builders' hoists for the transport of goods, construction winches, motor hoes	P ≤ 15	96	93
Excavators, builders' hoists for the transport of goods, construction winches, motor hoes	P > 15	83 + 11 1g P	80 + 11 1g P
Hand-held concrete-breakers and picks	m ≤ 15	107	105
Hand-held concrete-breakers and picks	15< m < 30	94 + 11 1g m	92 + 11 1g m[^f01001]
Hand-held concrete-breakers and picks	m ≥ 30	96 + 11 1g m	94 + 11 1g m
Tower cranes		98 + 1g P	96 + 1g P
Welding and power generators	Pel ≤ 2	97 + 1g Pel	95 + 1g Pel
Welding and power generators	2 < Pel ≤ 10	98 + 1g Pel	96 + 1g Pel
Welding and power generators	10 > Pel	97 + 1g Pel	95 + 1g Pel
Compressors	P ≤ 15	99	97
Compressors	P > 15	97 + 2 1g Pel	95 + 2 1g Pel
Lawnmowers, lawn trimmers/lawn-edge trimmers	L ≤ 50	96	96
Lawnmowers, lawn trimmers/lawn-edge trimmers	50 < L ≤ 70	100	98
Lawnmowers, lawn trimmers/lawn-edge trimmers	70 < L ≤ 120	100	100
Lawnmowers, lawn trimmers/lawn-edge trimmers	L > 120	105	105
The permissible sound power level shall be rounded up or down to the nearest integer 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 up or down to the nearest integer 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 up or down to the nearest integer 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 up or down to the nearest integer number (less than 0.5, use lower number; greater than or equal to 0.5, use higher number).

{s001}

P el for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty factor given by the manufacturer

P el for power generators: prime power according to ISO 8528–1:1993, point 13.3.2

{s002} 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).

Excluded are the following categories of device:

• — fans, i.e. devices producing air circulation at a positive pressure of not more than 110,000 pascals

• — vacuum pumps, i.e. devices or appliances for extracting air from an enclosed space at a pressure not exceeding atmospheric pressure

• — gas turbine engines.

Concrete-breakers and picks, hand held

Concrete or mortar mixer

Construction winch

Conveying and spraying machine for concrete and mortar

These machines may be mounted on trucks, trailers or special vehicles.

Conveyor belt

Cooling equipment on vehicles

The refrigeration unit may be powered by means of an integral part of the refrigeration unit, a separate part attached to the vehicle body, a driving engine of the vehicle, or by an independent or standby power source.

Dozer

Drill rig

Drill rigs are stationary during drilling. They may move from one place of work to another, under their own power. Self-propelled drill rigs include those mounted on lorries, wheeled chassis, tractors, crawlers, skid bases (pulled by winch). When drill rigs are mounted on lorries, tractors and trailers, or are wheel-based, transportation may be carried out at higher speeds and on public roads.

Dumper

Equipment for loading and unloading of silos or tanks on trucks

Excavator, hydraulic or rope-operated

Excavator-loader

Glass recycling container

Grader

Grass trimmer/grass edge trimmer

Hedge trimmer

High pressure flusher

High pressure water jet machine

Hydraulic hammer

Hydraulic power pack

Joint cutter

Landfill compactor, loader-type with bucket

Lawnmower

The cutting devices are either:

• — rigid cutting elements, or

• — non-metallic filament line(s) or freely pivoting non-metallic cutter(s) with a kinetic energy of more than 10 J each; the kinetic energy is determined using EN 786:1997, Annex B.

Also a walk-behind or ride-on grass cutting machine or a machine with grass-cutting attachment(s) where the cutting device is rotating about a horizontal axis to provide a shearing action with a stationary cutter bar or knife (cylinder mower).

Lawn trimmer/lawn edge trimmer

Leaf blower

Leaf collector

Lift truck, combustion-engine driven, counterbalanced

Loader

Mobile crane

Mobile waste container

Motor hoe

Paver-finisher

Piling equipment

Pipelayer

Piste caterpillar

Power generator

Power sweeper

Refuse collection vehicle

Road-milling machine

Scarifier

Shredder/chipper

Snow-removing machine with rotating tools

Suction vehicle

Tower crane

Trencher

Truck mixer

Water pump unit

Welding generator

The EC declaration of conformity must contain the following particulars:

• — Name and address of the manufacturer or his authorised representative established in the European Union.

• — 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 approved 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 these Regulations.

• — The declaration that the equipment conforms to the requirements of this Directive these Regulations.

• — Where appropriate, the declaration(s) of conformity and references of the other Community Directives other enactments 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 European Union.

Scope

This Schedule 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 these Regulations with a view to the conformity assessment procedures of these Regulations.

Part A of this Schedule for each type of equipment referred to in regulation 3 (application) 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 Schedule for each type of equipment referred to in regulation 3 (application) 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 ... 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.

For the determination of the sound power level of equipment for use outdoors as defined by regulation 3 (application) 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

Operating of source during test

2

Fan speed

2

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

• (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 levelLpA shall then be calculated by combining both test results using the following equation:[image omitted]

• (c) Fan drive with continuous variable speed

Test of powered equipment free of load

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 .

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

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

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

Information to be reported

The report shall contain the technical data necessary to identify the source under test as well as the noise test code and the acoustical data.

Additional microphone positions on the hemispherical measurement surface (EN ISO 3744:1995)

The number (12) of microphones may be reduced to six, but the microphone positions 2, 4, 6, 8, 10 and 12 following the requirements of clause 7.4.2 of EN ISO 3744:1995 have to be used in any case.

Generally the arrangement with six microphone positions on a hemispherical measurement surface has to be used. If there are other specifications laid down in a noise test code in this Directive for a specific equipment, these specifications shall be used.

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

Basic noise emission standard

EN ISO 3744:1995

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 distanced = 1m.

Operating conditions during test

Test free of load:

The noise tests shall be carried out according to Part A item 2.2.

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

The period of observation shall at least be 15 seconds.

Aerial access platforms with combustion engine

1

See No. 0

Brush Cutters

2

Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 10884:1995

Measurement surface/number of microphone positions/measuring distance

ISO 10884:1995

Operating conditions during test

Test under load

ISO 10884:1995, point 5.3

Period(s) of observation

ISO 10884:1995

Builders’ hoists for the transport of goods

The geometrical centre of the engine shall be positioned above the centre of the hemisphere; the lift shall move without load and leave the hemisphere—if necessary—in direction of point 1.

Building site band saw machines

Basic noise emission standard

EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

ISO 7960:1995, Annex J withd = 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

Basic noise emission standard

EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

ISO 7960:1995, Annex A, measurement distanced = 1m

Operating conditions during test

Test under load

ISO 7960:1995, Annex A (point A2(b) only)

Period of observation

ISO 7960:1995 Annex A

Chain saws, portable

Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 9207:1995

Measurement surface/number of microphone positions/measuring distance

ISO 9207:1995

Operating conditions during test

Test under load/Test free of load

Full load sawing wood/engine at maximum revolution without load

• (a) combustion-engine driven: ISO 9207:1995 points 6.3 and 6.4

• (b) electric-motor operated: a test corresponding to ISO 9207:1995 point 6.3 and a test with the motor at maximum revolution without load

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 9207:1995 points 6.3 and 6.4

The resulting sound power level Lwa is calculated by:

$$Lwa=10lg½(100.1LW1+100.1LW2)$WhereLw1 and Lw2 are the average sound power levels of the two different modes of operation defined above$

Combined High Pressure Flushers and Suction Vehicles

Compaction Machines

See No. 0

• (ii) Vibrating rollers for ride-on operators

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Mounting of equipment

The vibrating roller shall be installed on one or more appropriate elastic material(s) such as air-cushion(s). These air-cushions shall be made of a supple material (elastomer or similar) and shall be inflated to a pressure ensuring that the machine is elevated by at least 5 cm; resonance effects shall be avoided. The dimension of the cushion(s) shall be such that the stability of the machine under test is ensured.

Test under load

The machine shall be tested in a stationary position with the engine at rated speed (stated by the manufacturer) and the moving mechanism(s) disconnected. The compacting mechanism shall be operated using the maximum compaction power corresponding to the combination of the highest frequency and the highest possible amplitude for that frequency as declared by the manufacturer.

Period of observation

The period of observation shall be at least 15 seconds.