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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Cableway Installations Regulations 2004 No. 129 URL: http://www.bailii.org/uk/legis/num_reg/2004/20040129.html |
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Made | 28th January 2004 | ||
Laid before Parliament | 30th January 2004 | ||
Coming into force | 3rd May 2004 |
1. | Citation and commencement |
2. | Interpretation etc. |
3. | Application of the Regulations |
4. | Cableway installations-duties on the main contractor |
5. | Cableway installations-putting into service |
6. | Cableway installations-operation |
7. | Safety components-placing on the market |
8. | Subsystems-placing on the market |
9. | Subsystems and safety components-conformity assessment procedures |
10. | Subsystems and safety components-duties on persons other than the responsible person |
11. | Subsystems and safety components-exceptions to placing on the market |
12. | Conformity of cableway installations, subsytems and safety components with the provisions of the Regulations |
13. | Authorisation by the Secretary of State |
14. | Functions of a notified body |
15. | Notified bodies appointed by the Secretary of State |
16. | Fees |
17. | Application for a stage 1 authorisation |
18. | Application for a stage 2 authorisation |
19. | Granting of stage 1 and stage 2 authorisations |
20. | Secretary of State's refusal to give an authorisation |
21. | Notified body's refusal to indicate conformity |
22. | Requirement on notified bodies to carry out functions |
23. | Enforcement in Great Britain |
24. | Enforcement in Northern Ireland |
25. | Notices in relation to a safety component or subsystem that is not safe |
26. | Notices in relation to a safety component or subsystem that is not safe - notification to the Commission |
27. | Notices in relation to a cableway installation that is not safe |
28. | Safety components-Notice of improper fixation of the CE conformity marking |
29. | Defence of due diligence |
30. | Liability of persons other than the principal offender |
31. | Amendment of the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 |
32. | Consequential amendments |
1. | Subsystems of an installation |
2. | Essential requirements |
3. | Safety analysis |
4. | Safety components: EC declaration of conformity |
5. | Safety components: assessment of conformity |
6. | Subsystems: EC declaration of conformity |
7. | Subsystems: EC assessment of conformity |
8. | Minimum criteria to be taken into account by Member States for the notification of bodies |
9. | CE conformity marking |
(4) In these Regulations -
(5) In these Regulations [unless the context otherwise requires] -
and reference in Schedule 5 to a "certificate of conformity" should be construed as a reference to a "declaration of conformity";
(6) For the purposes of satisfying the essential requirements, where a national standard transposing a harmonised European standard covers one or more of the relevant essential requirements, any cableway installation, its infrastructure, the subsystems and the safety components of any cableway installations; constructed or operated in accordance with that transposed European standard shall be presumed to comply with that or, as the case may be, those essential requirements.
Application of the Regulations
3.
- (1) Subject to paragraphs (2) and (3) these Regulations apply in relation to -
after the date of the coming into force of these Regulations; and
(b) any subsystem or safety component placed on the market after the date of the coming into force of these Regulations.
(2) These Regulations do not apply to -
(3) Subject to paragraph (4), these Regulations do not apply to a cableway installation constructed or put into service, or both, or a safety component or subsystem placed on the market in the United Kingdom before 3rd May 2004 which complies with all the provisions by or under any enactment with which it was required to comply on 3rd May 2000 before it could be put into service, or placed on the market.
(4) The exclusion provided for in paragraph (3) does not apply in the case of a cableway installation or safety component which -
(3) The main contractor shall ensure, in relation to the construction or modification of a cableway installation that -
(b) that installation complies with such of the essential requirements as relate to that type of installation;
(c) a technical file has been compiled which contains -
(4) In relation to the modification of a cableway installation, references in this regulation to "safety analysis", "safety report", "technical file" and "essential requirements" shall be construed as applying only to the modification of the cableway installation and its repercussions on the installation as a whole.
Cableway installations-putting into service
5.
- (1) No person shall put into service a cableway installation unless a stage 2 authorisation has been obtained in respect of that installation.
Cableway installations-operation
6.
- (1) The operator of any authorised cableway installation that is in service shall compile a log book in relation to that installation containing documents or information which -
in respect of its putting into service or operation; and
(b) records evidence of its servicing, supervision, adjustment and maintenance.
(2) The operator of any authorised cableway installation that is in service shall ensure that while that installation remains in service -
Safety components-placing on the market
7.
- (1) Subject to regulation 11, no person who is a responsible person shall place on the market any safety component unless -
(2) The requirements in respect of any safety component are that -
(3) For the purposes of paragraph (2)(d) the CE conformity marking shall not be regarded as properly affixed to the safety component unless the person who has affixed the CE conformity marking -
(4) No markings which -
(5) Any documentation or other information in relation to a safety component required to be retained under the conformity assessment procedure under paragraph (2)(c) shall be retained by the responsible person for any period specified in that procedure.
Subsystems-placing on the market
8.
- (1) Subject to regulation 11, no person who is a responsible person shall place on the market any subsystem unless the requirements of paragraph (2) have been complied with in relation to it.
(2) The requirements in respect of any subsystem are that -
(d) it is accompanied by -
(3) Any documentation or other information in relation to a subsystem required to be retained under the conformity assessment procedure under paragraph (2)(c) shall be retained by the responsible person for any period specified in that procedure.
Subsystems and safety components-conformity assessment procedures
9.
- (1) For the purposes of regulation 7(2)(c), the appropriate conformity assessment procedure shall be the procedure set out in Schedule 5.
(2) For the purposes of regulation 8(2)(c)(i), the appropriate conformity assessment procedure shall be the procedure set out in Schedule 7.
Subsystems and safety components-duties on persons other than the responsible person
10.
Where in the case of a subsystem or safety component, any of the requirements of regulations 7 or 8 have not been met by the responsible person, such requirements shall be met by any person who -
Subsystems and safety components-exceptions to placing on the market
11.
For the purposes of regulations 7 or 8, a safety component or a subsystem shall not be regarded as being placed on the market where that safety component or subsystem -
but this paragraph shall not apply in relation to a safety component if the CE conformity marking, or any inscription liable to be confused therewith, is affixed to the component or its label.
Conformity of cableway installations, subsystems and safety components with the provisions of these Regulations
12.
- (1) Subject to paragraph (2) an authorised cableway installation shall be taken to conform with the requirements of regulation 4 unless there are reasonable grounds for suspecting that it does not so conform.
(2) Paragraph (1) does not apply where a person fails or refuses to make available to the Executive the log book and technical file which he is required to retain pursuant to regulation 6.
(3) Subject to paragraph (5), a safety component -
shall be taken to conform with all of the provisions of these Regulations which apply to it unless there are reasonable grounds for suspecting that it does not so conform.
(4) Subject to paragraph (5), a subsystem which is accompanied by -
in accordance with regulation 8, shall be taken to conform with such of the essential requirements as relate to that subsystem unless there are reasonable grounds for suspecting that it does not so conform.
(5) Paragraphs (3) and (4) do not apply where a person fails or refuses to make available to the Executive the documentation which he is required to retain by any of the conformity assessment procedures which apply to the safety component or subsystem in question or a copy of that documentation.
Notified bodies appointed by the Secretary of State
15.
- (1) The Secretary of State may from time to time appoint such persons as he thinks fit to be notified bodies for the purposes of these Regulations.
(2) The Secretary of State shall not appoint any person as a notified body unless he is satisfied that that person will be capable of meeting the minimum criteria for such persons specified in Schedule 8.
(3) The appointment of a notified body -
(4) Subject to paragraphs (5) and (6) below, the appointment of a notified body may be for such period as may be specified in the appointment.
(5) The appointment of a notified body shall terminate -
(6) If at any time it appears to the Secretary of State that -
the Secretary of State may, by notice in writing to that body, specify a date on which the appointment of that person as a notified body shall terminate.
(7) Where the Secretary of State is minded to terminate the appointment of a person as a notified body pursuant to paragraph (6) he shall -
(8) If for any reason the appointment of a notified body is terminated under this regulation, the Secretary of State may -
(9) The Secretary of State shall notify in writing the Commission and other Member States of the appointment or termination of appointment, as the case may be, of a notified body.
Fees
16.
- (1) Subject to paragraph (2) a notified body may charge such fees in connection with, or incidental to, carrying out its duties in relation to its functions as it may determine.
(2) The fees charged pursuant to paragraph (1) shall not exceed the sum of the following -
(3) The Secretary of State may charge such reasonable fee in connection with, or incidental to, carrying out its functions under regulations 17 and 18 as he may determine.
(4) The power in paragraphs (1) and (3) includes the power to require the payment of a fee or a reasonable estimate of the fee, in respect of the work commissioned in advance of carrying out that work.
Application for a stage 1 authorisation
17.
- (1) An application for a stage 1 authorisation in respect of the construction or modification of a cableway installation shall be made by the main contractor.
(2) An application for a stage 1 authorisation shall be -
(3) If the main contractor intends to incorporate into a cableway installation that he is constructing or modifying, a subsystem or safety component that has been designed or constructed using an innovative approach, the main contractor shall notify the Secretary of State of that intention with his application for a stage 1 authorisation.
(4) The notification made pursuant to paragraph (3) shall be accompanied by -
(5) On receiving a notification under paragraph (3) the Secretary of State shall submit the information contained in that notification to the Executive.
(6) If the Executive considers that the information provided under paragraph (5) is insufficient to enable it to decide whether or not special conditions should be imposed under paragraph (8) the Executive shall notify the main contractor in writing of the additional information that is required in order for it to undertake that decision.
(7) On receiving a notification under paragraph (6), the main contractor shall provide the Executive with such of the additional information specified in that notification as the main contractor is reasonably able to supply and, where any of the additional information so specified is not provided, a written explanation as to why the main contractor is unable to provide that information.
(8) If the Executive considers that the incorporation into a cableway installation that is being constructed of a subsystem or safety component that has been designed or constructed using an innovative approach is likely to affect adversely the safety of that installation when it is in operation, the Executive may impose special conditions in relation to -
(9) In relation to the modification of a cableway installation, references in this regulation to the "safety analysis" and "safety report" shall be construed as applying only to the modification of the cableway installation and its repercussions on the installation as a whole.
Application for a stage 2 authorisation
18.
- (1) An application for a stage 2 authorisation in respect of the putting into service of a cableway installation shall be made by the operator.
(2) An application for a stage 2 authorisation shall be -
(3) If the operator intends to put into service a cableway installation which contains a subsystem or safety component that has been designed or constructed using an innovative approach, the operator shall notify the Secretary of State of that intention.
(4) The notification under paragraph (3) shall be accompanied by the following information -
(5) On receiving a notification under paragraph (4) the Secretary of State shall submit the information contained in the notification under paragraph (4) to the Executive.
(6) If the Executive considers that the information provided under paragraph (5) is insufficient to enable it to decide whether or not special conditions should be imposed under paragraph (8) the Executive shall notify the operator in writing of the additional information that it requires in order for it to undertake that decision.
(7) On receiving a notification under paragraph (6), the operator shall provide the Executive with such of the additional information specified in that notification as he is reasonably able to supply and, where any of the additional information so specified is not provided, a written explanation as to why he is unable to provide that information.
(8) If the Executive considers that the incorporation into a cableway installation of a subsystem or safety component that has been designed or constructed using an innovative approach, is likely to affect adversely the safety of that installation when it is in operation, the Executive may impose special conditions in relation to the putting into service of that installation.
Granting of stage 1 and stage 2 authorisations
19.
- (1) The Secretary of State may only give a stage 1 authorisation in respect of works for the construction or modification of a cableway installation if he is satisfied that when constructed or modified that installation is likely to comply with the essential requirements and to be safe.
(2) The Secretary of State may only give a stage 2 authorisation in respect of the putting into service of a cableway installation if he is satisfied that -
(3) The Secretary of State may give a stage 1 authorisation in respect of the construction or modification of an installation or a stage 2 authorisation in respect of the putting into service of that installation, subject to compliance with such conditions as appear to that body to be appropriate for the purposes of securing that the installation complies with the essential requirements and is safe.
(4) The Secretary of State shall consider any application for a stage 1 or stage 2 authorisation except where -
(b) he reasonably considers that the documents submitted to him in relation to carrying out his functions are not in a language appropriate for him to discharge his functions;
(c) the person making the application has not submitted with its application the amount of the fee which the Secretary of State requires to be submitted pursuant to regulation 16(3).
(5) In relation to the modification of a cableway installation, references in this regulation to the "essential requirements" shall be construed as applying only to the modification of the cableway installation and its repercussions on the installation as a whole.
Secretary of State's refusal to give an authorisation
20.
Where the Secretary of State is minded to refuse to give a stage 1 authorisation in respect of the construction or modification of a cableway installation or a stage 2 authorisation for the putting into service of a cableway installation he shall -
Notified body's refusal to indicate conformity
21.
Where a notified body is minded to refuse to take the appropriate action under the conformity assessment procedure to confirm that a safety component or subsystem is in conformity with the provisions of these Regulations it shall -
Requirement on notified bodies to carry out functions
22.
- (1) Save as provided for in paragraph (2), where the responsible person or other interested person so requests in writing, a notified body shall carry out, in relation to a safety component or subsystem, the procedures and checks (including, where so provided as part of those procedures and checks, surveillance) required to ensure that the responsible person fulfils the obligations arising from the appropriate conformity assessment procedure.
(2) A notified body shall not be required to carry out the functions referred to in paragraph (1) above if -
(4) A failure to discharge a duty placed on the Executive by these Regulations shall not be an offence, and section 33(1)(c) of the 1974 Act shall have effect accordingly.
Enforcement in Northern Ireland
24.
- (1) It shall be the duty of the Executive to make adequate arrangements for the enforcement of these Regulations in Northern Ireland and accordingly a reference to an "enforcing authority" in the provisions applied for the purposes of such enforcement by paragraph (3) shall be construed as a reference to the Executive.
(2) Subject to paragraph (4), the provisions of the 1978 Order specified in paragraph (3) shall apply for the purposes of the enforcement in Northern Ireland of these Regulations as if they were health and safety regulations for the purposes of that Order, and any function of the Health and Safety Executive for Northern Ireland under any other provisions of that Order which is exercisable in relation to any function of the Executive under or in respect of health and safety regulations (including their enforcement) shall be exercisable as if these Regulations were health and safety regulations for the purposes of that Order.
(3) The provisions of the 1978 Order referred to in paragraph (2) are -
(4) A failure to discharge a duty placed on the Executive by these Regulations shall not be an offence under article 31(1)(c) of the 1978 Order.
Notices in relation to a safety component or subsystem that is not safe
25.
- (1) If the Executive is of the opinion that a -
(2) A notice served under paragraph (1) shall contain the following information -
(3) Any notice served under paragraph (1) may be withdrawn by the Executive serving written notice of the withdrawal on the operator.
(4) Where a notice has been served on the operator under paragraph (1) the operator shall comply with it.
(5) This regulation shall not apply to any safety component or subsystem in respect of which the Executive has served an improvement notice or prohibition notice under section 21 or 22 of the 1974 Act or the equivalent provision in the 1978 Order, and that notice remains in force.
Notices in relation to a safety component or subsystem that is not safe - notification to the Commission
26.
Where it appears to the Executive that a -
that has been placed on the market and put into service in accordance with its intended purpose, is not safe, the Executive shall notify in writing the Commission, and where appropriate other Member States, of that fact forthwith.
Notices in relation to a cableway installation that is not safe
27.
- (1) If the Executive is of the opinion that an authorised cableway installation that has been put into service in accordance with its intended purpose, is not safe, the Executive may serve a notice on the operator to prohibit the use of or to impose conditions of operation in relation to that cableway installation.
(2) A notice served under paragraph (1) shall contain the following information -
(d) the date by which the operator shall comply with the notice.
(3) Any notice served under paragraph (1) may be withdrawn by the Executive serving written notice of the withdrawal on the operator.
(4) Where a notice has been served on the operator under paragraph (1) the operator shall comply with it.
(5) This regulation does not apply to any cableway installation in respect of which the Executive has served an improvement notice or prohibition notice or both under section 21 or 22, as the case may be, of the 1974 Act or the equivalent provisions in the 1978 Order, and that notice remains in force.
Safety components-Notice of improper fixation of the CE conformity marking
28.
- (1) Where the Executive has reasonable grounds for considering that the CE conformity marking has not been properly affixed to a safety component, or to a label inseparably attached to a safety component, by the responsible person in accordance with regulation 7, it may give notice in writing to that person.
(2) A notice which is given under paragraph (1) shall -
(d) inform the responsible person that if the non-conformity continues (or if satisfactory evidence has not been provided) within the period specified in the notice, further action may be taken under the Regulations.
(3) Where a notice has been served on the person responsible in accordance with this regulation, the responsible person shall comply with that notice.
Defence of Due Diligence
29.
- (1) Subject to the following provisions of this regulation, in any proceedings against any person for an offence under these Regulations 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 in paragraph (1) involves an allegation that the commission of the offence was due to -
that person shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending 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) 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 -
Liability of persons other than the principal offender
30.
- (1) Where the commission by any person of an offence under these Regulations is due to the act or default of 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
32.
- (1) In the Provision and Use of Work Equipment Regulations 1998[13], at the end of column (1) of Schedule 1, there shall be added the words "The Cableway Installations Regulations 2004" at the end of column (2) the words "S.I. 2004/129".
(2) In the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999[14], at the end of column (1) of Schedule 2, there shall be added the words "The Cableway Installations Regulations 2004" at the end of column (2) the words "S.I. 2004/129".
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary Department for Transport
28th January 2004
2.3.
Consideration of external factors
Installations must be so designed and constructed as to make it possible to operate them safely, taking into account the type of installation, the nature and physical features of the terrain on which it is installed, its surroundings and atmospheric and meteorological factors, as well as possible structures and obstacles located in the vicinity either on the ground or in the air.
2.4.
Dimensions
The installation, the subsystems and all its safety components must be dimensioned, designed and constructed to withstand, with a sufficient degree of safety, all stresses encountered under all foreseeable conditions, including those which occur when not in operation, and taking account in particular of outside influences, dynamic effects and fatigue phenomena, while complying with the acknowledged rules of the art, in particular with regard to the choice of materials.
2.5.
Assembly
2.5.1.
The installation, the subsystems and all the safety components must be designed and constructed in such a way as to ensure that they can be safely assembled and put into place.
2.5.2.
The safety components must be so designed as to make assembly mistakes impossible, either as a result of construction or by means of appropriate markings on the components themselves.
2.6.
Integrity of the installation
2.6.1.
The safety components must be designed and constructed and be usable in such a way as to ensure that, in every case, their own operational integrity and/or the safety of the installation is ensured, as defined in the safety analysis in Annex III, so that their failure is highly improbable and with an adequate safety margin.
2.6.2.
The installation must be designed and constructed in such a way as to ensure that, during its operation, any failure of a component which might affect safety, even indirectly, is met by an appropriate measure being taken in good time.
2.6.3.
The safeguards referred to in points 2.6.1 and 2.6.2 must apply throughout the period between two scheduled inspections of the component concerned. The time period for the scheduled inspection of the safety components must be clearly indicated in the instruction manual.
2.6.4.
Safety components which are incorporated into installations as spare parts must satisfy the essential requirements of this Directive and the conditions relating to the smooth interaction with the other parts of the installations.
2.6.5.
Measures must be taken to ensure that the effects of a fire in the installation do not endanger the safety of persons being transported and workers.
2.6.6.
Special measures must be taken to protect installations and persons from the effects of lightning.
2.7.
Safety devices
2.7.1.
Any defect in the installation which could result in a failure endangering safety must, where practicable, be detected, reported and processed by a safety device. The same applies to any normally foreseeable external event which may endanger safety.
2.7.2.
It must be possible at all times to shut down the installation manually.
2.7.3.
After the installation has been shut down by a safety device, it must not be possible to restart it unless appropriate action has been taken.
2.8.
Maintainability
The installation must be designed and constructed so as to enable routine or special maintenance and repair operations and procedures to be carried out safely.
2.9.
Nuisance
The installation must be designed and constructed in such a way as to ensure that any internal or external nuisance resulting from noxious gases, noise emissions or vibrations falls within the prescribed limits.
3.
Infrastructure requirements
3.1.
Layout, speed, distance between vehicles
3.1.1.
The installation must be designed to operate safely taking into account the characteristics of the terrain and its surroundings, atmospheric and meteorological conditions, any possible structures and obstacles located in the vicinity either on the ground or in the air in such a way as to cause no nuisance or pose no danger under any operational or servicing conditions or in the event of an operation to rescue persons.
3.1.2.
Sufficient distance must be maintained laterally and vertically between vehicles, towing devices, tracks, cables, etc., and possible structures and obstacles located in the vicinity either on the ground or in the air, taking account of the vertical, longitudinal and lateral movement of the cables and vehicles or of the towing devices under the most adverse foreseeable operating conditions.
3.1.3.
The maximum distance between vehicles and ground must take account of the nature of the installation, the type of vehicles and the rescue procedures. In the case of open cars it must also take account of the risk of fall as well as the psychological aspects associated with the distance between vehicles and ground.
3.1.4.
The maximum speed of the vehicles or towing devices, the minimum distance between them and their acceleration and braking performance must be chosen to ensure the safety of persons and the safe operation of the installation.
3.2.
Stations and structures along the line
3.2.1.
Stations and structures along the line must be designed, installed and equipped so as to ensure stability. They shall permit safe guidance of the cables, vehicles and the towing devices, and enable maintenance to be safely carried out, under all operating conditions.
3.2.2.
The entry and exit areas of the installation must be designed so as to guarantee the safety of the traffic of vehicles, towing devices and persons. The movement of vehicles and towing devices in the stations must be capable of taking place without risk to persons, taking into account their possible active collaboration to their movement.
4.
Requirements relating to cables, drives and brakes and to mechanical and electrical installations
4.1.
Cables and their supports
4.1.1.
All measures must be taken in line with the latest technological developments:
4.1.2.
It is not possible to prevent all risk of cable derailment, measures must be taken to ensure that cables can be retrieved and the installations shut down without risk to persons in the event of derailment.
4.2.
Mechanical installations
4.2.1.
Drives
The drive system of an installation must be of a suitable performance and capability, adapted to the various operating systems and modes.
4.2.2.
Standby drive
The installation must have a standby drive with an energy supply which is independent of that of the main drive system. A standby drive is not, however, necessary if the safety analysis shows that people can leave the vehicles and, in particular, towing devices easily, quickly and safely even if a standby drive is not available.
4.2.3.
Braking
4.2.3.1.
In an emergency, it must be possible to shut down the installation and/or the vehicles at any moment, under the most unfavourable conditions in terms of authorised load and pulley adhesion during operation. The stopping distance must be as short as the security of the installation dictates.
4.2.3.2.
Deceleration values must be within adequate limits fixed in such a way to ensure both the safety of the persons and the satisfactory behaviour of the vehicles, cables and other parts of the installation.
4.2.3.3.
In all installations there must be two or more braking systems, each capable of bringing the installation to a halt, and co-ordinated in such a way that they automatically replace the active system when its efficiency becomes inadequate. The traction cable's last braking system must act directly on the driving pulley. These provisions do not apply to drag lifts.
4.2.3.4.
The installation must be fitted with an effective clamp and locking mechanism to guard against premature restarts.
4.3.
Control devices
The control devices must be designed and constructed so as to be safe and reliable, to withstand normal operating stresses and external factors such as humidity, extreme temperatures or electromagnetic interference and so as not to cause dangerous situations, even in the event of operational error.
4.4.
Communication devices
Suitable facilities must be provided to enable operational staff to communicate with one another at all times and to inform users in case of emergency.
5.
Vehicles and towing devices
5.1.
Vehicles and/or towing devices must be designed and fitted out in such a way that under foreseeable operating conditions no person can fall out or encounter any other risks.
5.2.
The fittings of vehicles and towing devices must be dimensioned and constructed so as not to:
under the most unfavourable conditions.
5.3.
Vehicle doors (on cars, cabins) must be designed and constructed in such a way as to make it possible to close and lock them. The vehicle floor and walls must be designed and constructed so as to withstand pressure and loads exerted by users under any circumstances.
5.4.
If for reasons of operational safety an operator is required on board the vehicle, the vehicle must be fitted with the equipment required for him to carry out his tasks.
5.5.
Vehicles and/or towing devices and, in particular, their suspension mechanisms must be designed and fitted so as to ensure the safety of workers servicing them in accordance with appropriate rules and instructions.
5.6.
In the case of vehicles equipped with disconnectable fittings, all measures must be taken to bring to a halt, without risk to users, at the moment of departure, any vehicle whose fitting has been incorrectly connected to the cable and, at the moment of arrival, any vehicle whose fitting has not been disconnected, and to prevent the vehicle from falling.
5.7.
Funicular vehicles and, in so far as the configuration of the installation so permits, bi-cable cable cars must be equipped with an automatic braking device on the track, when the possibility of carrier cable breaking cannot reasonably be excluded.
5.8.
Where all risk of derailment of the vehicle cannot be eliminated by other measures, the vehicle must be fitted with an anti-derailment device which enables the vehicle to be brought to a halt without risk to persons.
6.
Equipment for users
The access to embarkation areas and exit from disembarkation areas and the embarkation and disembarkation of users must be organised with regard to the movement and stopping of vehicles in such a way as to ensure the safety of persons, in particular in areas where there is a risk of falling.
It must be possible for children and persons with reduced mobility to use the installation safely if the installation is designed for the transport of such persons.
7.
Operability
7.1.
Safety
7.1.1.
All technical provisions and measures must be taken to ensure that the installation is used for its intended purpose according to its technical specification and to the specified operating conditions and that the instructions on safe operation and maintenance can be complied with. The instruction manual and the corresponding notes shall be drawn up in an official language or languages of the Community which may be determined in accordance with the Treaty by the Member State in the territory of which the installation is constructed.
7.1.2.
The persons responsible for operating the installation must be provided with the appropriate material resources and must be qualified to carry out the task in hand.
7.2.
Safety in the event of immobilisation of the installation
All technical provisions and measures must be adopted to ensure that users can be brought to safety within a set time appropriate to the type of installation and its surroundings when the installation is immobilised and cannot be restarted quickly.
7.3.
Other special provisions concerning safety
7.3.1.
Operators' stands and workplaces
Movable parts which are normally accessible in the stations must be designed, constructed and installed in such a way as to preclude any risks or, where such risks exist, be fitted with protective devices so as to prevent any contact with parts of the installation which may cause accidents. These devices must be of a type that cannot easily be removed or rendered inoperative.
7.3.2.
Risk of falling
Workplaces and working areas, including those used only occasionally, and the access to them, must be designed and constructed in such a way as to prevent persons required to work or move in them from falling. Should the construction not be adequate, they must also be provided with anchorage points for personal protective equipment to prevent falls.
Safety analysis must be used to draw up the inventory of risks and dangerous situations in accordance with Article 4(1) of this Directive and to determine the list of safety components referred to in Article 4(2) thereof. The result of the safety analysis must be summarised in a safety report.
Design | Production |
1.
EC type-examination Module "B" |
1(a)
Production quality assurance Module "D" |
1(b)
Product verification Module "F" |
|
2.
Full quality assurance Module "H" |
2.
Full quality assurance Module "H" |
3.
Unit verification Module "G" |
3.
Unit verification Module "G" |
The applicant must place at the disposal of the notified body a specimen, representative of the production envisaged and hereinafter called "type". The notified body may request further specimens if needed for carrying out the test programme.
3.
The technical documentation must enable the conformity of the component with the requirements of this Directive to be assessed. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the component.
The documentation must contain as far as is relevant to assessment:
It must also indicate the field of use of the component.
4.
The notified body:
4.1.
must examine the technical documentation, verify that the type has been manufactured in conformity with the technical documentation and identify the components which have been designed in accordance with the relevant provisions of the European specifications referred to in Article 2(2) of this Directive as well as those which have been designed without applying the relevant provisions of those European specifications;
4.2.
must perform or have performed the appropriate examinations and necessary tests to check whether, where the European specifications referred to in Article 2(2) of this Directive have not been applied, the solutions adopted by the manufacturer meet the essential requirements of this Directive;
4.3.
must perform or have performed the appropriate examinations and necessary tests to check whether, where the manufacturer has chosen to apply the relevant European specifications, these have actually been applied;
4.4.
must agree with the applicant the location where the examinations and necessary tests are to be carried out.
5.
Where the type meets the provisions of this Directive, the notified body must issue an EC type-examination certificate to the applicant. The certificate must state the name and address of the manufacturer, the conclusions of the examination, the conditions for its validity, the duration thereof and give the necessary data for identification of the approved type.
A list of the relevant parts of the technical documentation must be annexed to the certificate and a copy kept by the notified body. If the notified body refuses to issue an EC-type certificate to the manufacturer, the former must provide detailed reasons for such refusal. Provision must be made for an appeals procedure.
6.
The applicant must inform the notified body that holds the technical documentation concerning the EC type-examination certificate of all modifications of the approved component which must receive additional approval where such changes may affect the conformity of the component with the essential requirements for the prescribed conditions for its use. This additional approval is given in the form of an addition to the original EC type-examination certificate.
7.
Each notified body must communicate to the other notified bodies the relevant information concerning the EC type-examination certificates and additions issued and withdrawn.
8.
The other notified bodies may receive copies of the EC type-examination certificates and/or their additions. The Annexes to the certificates must be kept at the disposal of the other notified bodies.
9.
The manufacturer or his authorised representative must keep with the technical documentation copies of EC type-examination certificates and their additions for at least 30 years after the last component has been manufactured.
Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the component on the Community market.
3.2.
The quality system must ensure compliance with the type as described in the EC type-examination certificate and with the requirements of this Directive.
All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.
It must in particular contain an adequate description of:
3.3.
The notified body must assess the quality system to determine whether it satisfies the requirements referred to in point 3.2. It presumes conformity with these requirements in respect of quality systems that implement the relevant harmonised standards.
The auditing team must have at least one member with experience of evaluating in the component technology concerned. The evaluation procedure must include an inspection visit to the manufacturer's premises.
The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.
3.4.
The manufacturer must undertake to discharge the obligations arising from the quality system as approved and to maintain it in an appropriate and efficient manner at a proper and efficient level.
The manufacturer or his authorised representative must keep the notified body that has approved the quality system informed of any intended updating of the quality system.
The notified body must evaluate the modifications proposed and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 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 system.
4.2.
The manufacturer must allow the notified body entrance for inspection purposes to the places of manufacture, inspection and testing, and storage, and must provide it with all necessary information, in particular:
4.3.
The notified body must periodically carry out audits to make sure that the manufacturer maintains and applies the quality 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 system is functioning correctly, if necessary. The notified body must provide the manufacturer with a visit report and, if a test has taken place, a test report.
5.
The manufacturer must, for period ending at least 30 years after the last component has been manufactured, keep at the disposal of the national authorities:
6.
Each notified body must give the other notified bodies the relevant information concerning all quality system approvals issued and withdrawn.
5.4.
In the case of accepted lots, the notified body must affix, or cause to be affixed, its identification number to each component, and shall draw up a written certificate of conformity relating to the tests carried out. All components in the lot may be put on the market, except those components from the sample which were found not to be in conformity.
If a lot is rejected, the notified body or the competent authority must take appropriate measures to prevent the putting on the market of that lot. In the event of the frequent rejection of lots the notified body may suspend statistical verification.
The manufacturer may, under the responsibility of the notified body, affix the latter's identification number during the manufacturing process.
5.5.
The manufacturer or his authorised representative must ensure that he is able to supply the notified body's certificates of conformity on request.
3.2.
The quality system must ensure compliance of the components with the relevant requirements of this Directive.
All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation shall ensure a common understanding of the quality policies and procedures such as quality programmes, plans, manuals and records.
It must in particular include an adequate description of:
3.3.
The notified body must assess the quality system to determine whether it satisfies the requirements referred to in point 3.2. It shall presume compliance with these requirements in respect of quality systems that implement the relevant harmonised standard.
The auditing team must have at least one member experienced as an assessor in the product technology concerned. The evaluation procedure shall include an assessment visit to the manufacturer's premises.
The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.
3.4.
The manufacturer must undertake to fulfil the obligations arising from the quality system as approved and to uphold it so that it remains adequate and efficient.
The manufacturer or his authorised representative must keep the notified body that has approved the quality system informed of any intended updating of the quality system.
The notified body must evaluate the modifications proposed and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.
It must notify its decision to the manufacturer. The notification shall 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 system.
4.2.
The manufacturer must allow the notified body entrance for inspection purposes to the places of design, manufacture, inspection and testing, and storage, and shall provide it with all necessary information, in particular:
4.3.
The notified body must periodically carry out audits to make sure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.
4.4.
Additionally, the notified body may pay unexpected visits to the manufacturer. At the time of such visits, the notified body may carry out tests or have them carried out in order to check the proper functioning of the quality system where necessary; it must provide the manufacturer with a visit report and, if a test has been carried out, with a test report.
5.
The manufacturer must, for a period ending at least 30 years after the last component has been manufactured, keep at the disposal of the national authorities:
6.
Each notified body must forward to the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn.
7.
Supplementary requirements; design examination
7.1.
The manufacturer must lodge an application for examination of the design with a single notified body.
7.2.
The application must enable the design, manufacture and operation of the component to be understood, and shall enable conformity with the requirements of this Directive to be assessed.
It must include:
7.3.
The notified body must examine the application and where the design meets the provisions of this Directive, must issue an EC design examination certificate to the applicant. The certificate shall contain the conclusions of the examination, conditions for its validity, the necessary data for identification of the approved design and, if relevant, a description of the component's functioning.
7.4.
The applicant must keep the notified body that issued the EC design examination certificate informed of any modification to the approved design. Modifications to the approved design must receive additional approval from the notified body that issued the EC design examination certificate where such changes may affect conformity to the essential requirements referred to in Article 3(1) of this Directive or the prescribed conditions for use of the component. This additional approval is given in the form of an addition to the original EC design examination certificate.
7.5
The notified bodies must forward to the other notified bodies the relevant information concerning:
2.
The examination of the subsystem is carried out at each of the following stages:
3.
The technical documentation accompanying the examination certificate must comprise the following:
4.
Documentation and correspondence in connection with EC examination procedures must be drawn up in the same language or languages as the instruction manual referred to in point 7.1.1 of Annex II.
5.
Surveillance
5.1.
It shall be ensured by means of surveillance that during construction of the subsystem the obligations arising from the technical documentation are fulfilled.
5.2.
The notified body responsible for EC examination must have permanent access to the production shops, storage areas and, where necessary, to prefabrication areas, testing plants and more generally to any locations it feels it needs to visit in order to perform its task. The manufacturer or his authorised representative or, where such a person is not available, the natural or legal person who places the subsystem on the market must provide it with, or arrange for it to be provided with, any documents required to that end, notably the plans and technical documentation relating to the subsystem.
5.3.
The notified body responsible for EC examination must periodically carry out audits to ensure compliance with the provisions of this Directive. On each visit it must provide the site supervisor responsible with an audit report. It may ask to be brought in to inspect various stages of the work.
5.4.
In addition, the notified body may pay unexpected visits to the production shops. During such visits it may carry out full or partial audits. The notified body must draw up a report on the visit and, where necessary, submit an audit report to the site supervisor responsible.
6.
Each notified body must publish periodically the relevant information concerning:
5.
The impartiality of inspection staff must be guaranteed. Their remuneration must not depend on the number of tests carried out or on the results of such tests.
6.
The notified body must take out civil liability insurance unless its liability is assumed by the State in accordance with national law or the Member State itself is directly responsible for the inspections.
7.
The staff of the body must be bound by professional secrecy (except vis-à-vis the competent administrative authorities of the State in which its activities are carried out) with regard to all information it acquires in carrying out its tasks under this Directive or any provision of national law giving effect to it.
[3] O.J. L 106, 3.5.2000, p. 21.back
[4] Cmnd. 2972 and 2183. The application of the Cableways Directive was extended to the EEA from 29th September 2001 by virtue of Decision No. 115/2001 of the EEA Joint Committee (O.J. No. L 322, 6.12.2001, p. 27) which inserted a reference to the Cableways Directive after point 1a in Chapter XXIV of Annex II to the EEA Agreement.back
[6] S.I. 1978/1039 (N.I. 9).back
[7] Established under section 10 of the 1974 Act.back
[8] Formerly known as the Health and Safety Agency for Northern Ireland which was established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)). Article 3(1) of the Health and Safety at Work (Amendment) (Northern Ireland) Order 1998 (S.I. 1998/2795 (N.I. 18)) changed its name to the Health and Safety Executive for Northern Ireland.back
[9] O.J. L 204, 21.7.1998, p. 37 as amended by Directive 98/48/EC (O.J. L 217, 5.8.1998, p. 18).back
[10] O.J. No. L204, 21.07.1998, p. 37.back