Regulation 9 Exclusion of specific machinery

(1)

These Regulations do not apply to—

(a)

roll-over protective structures as referred to in Article 1 of Council Directive 86/295/EEC on the approximation of the laws of the member States relating to roll-over protective structures (ROPS) for certain construction plant^f1;

(b)

falling-object protective structures as referred to in Article 1 of Council Directive 86/296/EEC on the approximation of the laws of the member States relating to falling-object protective structures (FOPS) for certain construction plant^f2; or

(c)

industrial trucks as referred to in Article 1 of Council Directive 86/663/EEC on the approximation of the laws of the member States relating to self-propelled industrial trucks^f3,

which are supplied or put into service for the first time in the Community before 1st July 1995.

(2)

On and after 1st July 1995, in respect of machinery mentioned in paragraph (1) above which is supplied or put into service for the first time in the Community on or before 31st December 1995, a supplier may comply with—

(a)

the requirements of these Regulations; or

(b)

the requirements of—

(i)

in the case of roll-over protective structures, the Roll-over Protective Structures for Construction Plant (EEC Requirements) Regulations 1988^f4;

(ii)

in the case of falling-object protective structures, the Falling-object Protective Structures for Construction Plant (EEC Requirements) Regulations 1988^f5; or

(iii)

in the case of industrial trucks, in Great Britain, the Self-Propelled Industrial Trucks (EEC Requirements) Regulations 1988^f6 as amended by the Self-Propelled Industrial Trucks (EEC Requirements) (Amendment) Regulations 1989^f7, and in Northern Ireland, the Self-Propelled Industrial Trucks (EEC Requirements) Regulations (Northern Ireland) 1990^f8.

Annotations

Footnotes

f1: OJ No. L186, 8.7.86, p.1.
f2: OJ No. L186, 8.7.86, p.10.
f3: OJ No. L384, 31.12.86, p.12. Council Directive 86/663/EEC was adapted to technical progress by Commission Directive 89/240/EEC (OJ No. L100, 12.4.89, p.1).
f4: S.I. 1988/363.
f5: S.I. 1988/362.
f6: S.I. 1988/1736.
f7: S.I. 1989/1035.
f8: S.R. 1990 No. 172.