# The Freight Containers (Safety Convention) Regulations 2017, Regulation 4: Conditions of use and enforcement


(1) The owner or lessee of a container must not use or permit that container to be used unless—
(a) it has valid approval in accordance with regulation 5;
(b) it has a valid safety approval plate fixed to it in accordance with regulation 6;
(c) it is properly maintained;
(d) the examination requirements in regulation 8 are met in respect of that container;
(e) all markings on the container showing maximum operating gross mass are consistent with the maximum operating gross mass information on the safety approval plate; and
(f) it meets the conspicuous marking requirements in regulation 9.
(2) Any other person using or permitting the use of a container must, so far as is reasonably practicable, ensure that—
(a) a valid safety approval plate is fixed to it in accordance with regulation 6;
(b) all markings on the container showing maximum operating gross mass are consistent with the maximum operating gross mass information on the safety approval plate; and
(c) it meets the conspicuous marking requirements in regulation 9.
(3) Where it is an express term of a bailment of a container that the bailee is responsible for ensuring that the container is maintained or examined, the bailee must, in addition to any duty placed on them by paragraph (2), ensure that—
(a) the container is properly maintained; and
(b) the examination requirements in regulation 8 are met.
(4) In proceedings for an offence of using or permitting a container to be used which is not properly maintained or examined, it is a defence that at the time of the contravention a bailment or lease was in force in respect of the container and—
(a) in the case of an owner, that it was an express term that the bailee or lessee was responsible for ensuring that the container is maintained or examined;
(b) in the case of a lessee—
(i) that it was not an express term of the lease that the lessee was responsible for ensuring that the container is maintained or examined, or
(ii) under a further lease it was an express term that the further lessee was responsible for ensuring that the container is maintained or examined;
(c) in the case of a bailee who is a bailor under a further bailment, that it was an express term of the further bailment that the further bailee was responsible for ensuring that the container is maintained or examined.
(5) In this regulation “owner” includes the owner’s agent.

---
Source: https://www.legislation.gov.uk/uksi/2017/325/regulation/4 (the official version)
Page: https://openlegislation.uk/freight-containers-safety-convention-regulations-2017/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.