NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 SUBSIDIARY LEGISLATION 427.19 NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS REGULATIONS 1st January, 2003 LEGAL NOTICE 64 of
(2)of Directive 98/ 37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery which is either self-propelled or can be moved and which, irrespective of the driving element(s), is intended to be used, according to its type, in the open air and which contributes to environmental noise exposure. The use of equipment in an ambience where the transmission of sound is not or not significantly affected (for instance under tents, under roofs for protection against rain or in the shell of houses) is regarded as use in the open air. It also means non-powered equipment for industrial or environmental applications, which is intended, according to its type, to be used outdoors and which contributes to environmental noise exposure. All types of equipment are hereinafter referred to as "equipment"; 3.1.3. "conformity assessment procedures" means the procedures laid down in Annexes V to VIII of the Directive, which are set out in Schedules V to VIII, based on Decision 93/465/EEC; 3.1.4. "marking" means the visibly, legibly and indelibly affixing on the equipment of the CE marking defined in Decision 93/465/EEC accompanied by the indication of the guaranteed sound power level; 3.1.5. "sound power level LWA" means the A-weighted sound power in dB in relation to 1 pW as defined in MSA EN ISO 3744:1995 and MSA EN ISO 3746:1995; 3.1.6. "measured sound power level" means a sound power level as determined from measurements as laid down in Annex III of the Directive, which is set out in Schedule III; measured values may be NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 determined either from a single machine representative for the type of equipment or from the average of a number of machines; 3.1.7. "guaranteed sound power level" means a sound power level determined in accordance with the requirements laid down in Annex III of the Directive, which is set out in Schedule III, which includes the uncertainties due to production variation and measurement procedures and where the manufacturer, or his authorised representative, confirms that according to the technical instruments applied and referred to in the technical documentation it is not exceeded; 3.1.8. "harmonised standard" means a technical specification adopted by the European Committee for Standardisation (CEN) or the European Committee for Electrotechnical Standardisation (CENELEC) or the European Telecommunications Standards Institute (ETSI), upon a remit from the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations as amended by Directive 98/48/EC of the European Parliament and of the Council; 3.1.9. "national standard transposing the harmonised standard" means a standard issued by one of the members of CEN/CENELEC/ETSI which is declared and noted to be technically equivalent to the harmonised standard originally issued by CEN/CENELEC/ETSI; 3.1.10. "OJ" means the Official Journal of the European Communities; 3.1.11. "Community" means the European Community; 3.1.12. "Commission" means the Commission of the European Communities; 3.1.13. "notified body" means a body responsible for carrying out functions relating to the conformity assessment procedures set out in Article 14 of the Directive and described in regulation 9 which has been notified by the member State concerned to the Commission and the other member States pursuant to Article 15 of the Directive; 3.1.14. "CE marking" means the CE conformity marking consisting of the symbol "CE" as set out in Schedule IV; 3.1.15. "manufacturer" means the person: 3.1.15.1. who is primarily responsible for the design and construction of the equipment so that it complies with the 3 4 NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 requirements of these regulations; 3.1.15.2. who is responsible for "re-building" or modifying an existing equipment, and who in so doing is creating an "asnew" equipment; 3.1.15.3. who takes responsibility for the appraisal of the design, construction and any necessary modification of used imported equipment. 3.1.16. "local authorised representative" means any person (or organisation) established in Malta who has been appointed by the manufacturer to act on his behalf in carrying out certain tasks required by these regulations; 3.1.17. "importer" means any person who places equipment from a foreign country on to the Maltese market so that he supplies such equipment on the first occasion that it is supplied in Malta; 3.1.18. "person who supplies equipment" wholesalers, distributors, retailers, etc.; 3.1.19. "responsible person" in relation to equipment means: means 3.1.19.1. the manufacturer thereof; 3.1.19.2. the manufacturer’s local authorised representative; or 3.1.19.3. where the manufacturer is not established in Malta and he has not appointed a local authorised representative, the person who places the equipment on the local market. 3.1.20. Applicability. "placing on the market" means importation, wholesale, retail, sale and distribution free of charge. 4.1. The provisions of these regulations are: 4.1.1. intended to cover noise emission standards, conformity assessment procedures, marking, technical documentation and collection of data concerning the noise emission in the environment of equipment for use outdoors; 4.1.2. applicable to all imported equipment as well as to those manufactured for the local market. 4.2. No person may construct, import, place on the market or put into service any equipment, which does not comply with the provisions of these regulations. General requirement. 5.1. Equipment referred to in regulation 2.1 shall not be placed on the market or put into service until the manufacturer, or his authorised representative ensures that: NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 5.1.1. the equipment satisfies the requirements concerning the noise emission in the environment of these regulations; 5.1.2. the conformity assessment procedures referred to in regulation 9 have been completed; 5.1.3. the equipment bears the CE marking and the indication of the guaranteed sound power level and is accompanied by an EC declaration of conformity. 5 5.2. Where neither the manufacturer nor his authorised representative is established in Malta, the obligations of these regulations shall apply to any person placing the equipment on the market or putting into service in Malta. 6.1. The placing on the market or putting into service of equipment referred to in regulation 2.1 which complies with the provisions of these regulations, bears the CE marking and the indication of the guaranteed sound power level and is accompanied by an EC declaration of conformity, shall not be prohibited, restricted or impeded. Free movement. 6.2. At trade fairs, exhibitions, demonstrations and similar events, the showing of equipment referred to in regulation 2.1 which does not conform to the provisions of these regulations, provided that a visible sign clearly indicates that such equipment does not conform and that it is not placed on the market or put into service until it has been brought into conformity by the manufacturer or his authorised representative shall not be prevented. During demonstrations adequate safety measures shall be taken to ensure the protection of persons. 7.1. Equipment referred to in regulation 2.1 bearing the CE marking provided for in regulation 8 and the indication of the guaranteed sound power level and which is accompanied by the EC declaration of conformity provided for in Annex II of the Directive, which is set out in Schedule II, shall be regarded as conforming to all the provisions of these regulations. Presumption of conformity. 8.1. The manufacturer, or his authorised representative, of equipment referred to in regulation 2.1 shall, in order to certify that an item of equipment is in conformity with the provisions of these regulations, draw up an EC declaration of conformity for each type of equipment manufactured; the minimum content of this declaration of conformity is laid down in Annex II of the Directive, which is set out in Schedule II. EC declaration of conformity. 8.2. The declaration of conformity must be drawn up in Maltese and, or English when equipment is placed on the market or put into service. 8.3. The manufacturer, or his authorised representative, of equipment referred to in regulation 2.1 shall keep a specimen of the EC declarativn of conformity for ten years from the date on which the equipment was last manufactured, together with the technical documentation as provided for in Annex V point 3, Annex VI point 3, Annex VII point 2, Annex VIII points 3.1 and 3.3 of the 6 NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 Directive, which are set out in Schedules V, VI, VII and VIII. Conformity assessment procedures. 9.1. Before placing on the market or putting into service any equipment referred to in Article 12 of the Directive, which is set o u t i n S c h e d u l e X I , t h e m a n u f a c t u r e r, o r h i s a u t h o r i s e d representative, shall subject each type of equipment to one of the following conformity assessment procedures: 9.1.1. the internal control of production with assessment of technical documentation and periodical checking procedure referred to in Annex VI of the Directive, which is set out in Schedule VI, or 9.1.2. the unit verification procedure referred to in Annex VII of the Directive, which is set out in Schedule VII, or 9.1.3. the full quality assurance procedure referred to in Annex VIII of the Directive, which is set out in Schedule VIII. 9.2. Before placing on the market or putting into service any equipment referred to in Article 13 of the Directive, which is set o u t i n S c h e d u l e X I I , t h e m a n u f a c t u r e r, o r h i s a u t h o r i s e d representative, shall subject each type of equipment to the internal control of production procedure referred to in Annex V of the Directive, which is set out in Schedule V. Withdrawal and prohibition from market. 10.1. The Director of Consumer Affairs shall take all appropriate measures to ensure that equipment referred to in regulation 2.1 may be placed on the market or put into service only if it conforms to the provisions of these regulations, bears the CE marking and the indication of the guaranteed sound power level and is accompanied by an EC declaration of conformity. 10.2. All appropriate measures shall be taken to encourage the local authorities responsible for implementing these regulations to cooperate with each other and provide each other with information in order to assist the functioning of these regulations. 10.3. Where it is ascertained that equipment referred to in regulation 2.1 which is placed on the market or put into service does not comply with the requirements of these regulations, the Director of Consumer Affairs shall take all appropriate measures so that the manufacturer or his authorized representative shall bring the equipment into conformity with the provisions of these regulations, and shall so inform the Consumer and Industrial Goods Directorates of the Malta Standards Authority. 10.4. Where - the limit values referred to in Article 12 of the Directive, which is set out in Schedule XI, are exceeded; or - non-compliance with other provisions of these regulations continues despite measures taken under regulation 10.3, the Director of Consumer Affairs shall take all appropriate measures to restrict or prohibit the placing on the market or putting NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 into service of the equipment in question or to ensure that it is withdrawn from the market, and shall so inform the Consumer and Industrial Goods Directorate of the Malta Standards Authority. 10.5. Where a non-complying equipment or assembly, referred to in regulation 3, bears the CE marking, the Director of Consumer Affairs shall take appropriate action against whomsoever has affixed the marking or drawn up the declaration and shall so inform the Consumer and Industrial Goods Directorate of the Malta Standards Authority. 10.6. Any decision taken pursuant to these regulations which restricts the placing on the market and putting into service of equipment shall state the exact grounds on which it is based. 10.6.1. Such a decision shall be notified as soon as possible to the party concerned, who shall at the same time be informed of the legal remedies available to him under the laws in force in Malta and of the time limits to which such remedies are subject. 10.7. Necessary measures shall be taken to ensure that the manufacturer, or his authorised representative, shall send to the responsible authority of the Member State where he resides or where he places on the market or puts into service the equipment referred to in regulation 2.1 and to the Commission a copy of the EC declaration of conformity for each type of equipment referred to in regulation 2.1. 10.8. The Consumer and Industrial Goods Directorate of the Malta Standards Authority shall immediately inform the Commission of any measures taken in pursuance of regulations 10.3, 10.4 and 10.5. 11.1. Equipment referred to in regulation 2.1 placed on the market or put into service which complies with the provisions of these regulations shall bear the CE marking of conformity. The marking shall consist of the initials "CE". 11.1.1. The form of the marking to be used is shown in Schedule IV. 11.2. The CE marking shall be accompanied by the indication of the guaranteed sound power level. A model of this indication is given in Annex IV of the Dircctive, which is set out in Schedule IV. 11.3. The CE marking of conformity and the indication of the guaranteed sound power level shall be affixed in a visible, legible and indelible form to each item of equipment. 11.4. The affixing of markings or inscriptions on the equipment which are likely to be misleading with regard to the meaning or the CE marking or to the indication of the guaranteed sound power level shall be prohibited. Any other marking may be affixed to the equipment, provided that the visibility and legibility of the CE marking and the indication of the guaranteed sound power level is not thereby reduced. 11.5. Where the equipment referred to in regulation 2.1 is CE marking. 7 8 NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 subject to other directives concerning other aspects and which also provide for the affixing of the CE marking, the marking shall indicate that such equipment also fulfils the provisions of those directives. 11.6. Where one or more of the directives referred to in regulation 11.5 allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate that the equipment only fulfils the provisions of the directives applied by the manufacturer. In this case the particulars of those directives, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by those directives and accompanying such equipment. Regulation of use. 12.1. The provision of these regulations shall not prevent any competent authority’s entitlement to lay down, in due observance of the Treaty: 12.1.1. Measures to regulate the use of equipment referred to in regulation 2.1 in areas which they consider sensitive, including the possibility of restricting the working hours of the equipment, 12.1.2. such requirements as they may deem necessary to ensure that persons are protected when using the equipment in question, provided that this does not mean that the equipment is modified in a way not specified in these regulations. NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 9 SCHEDULE I Based on Annex I of the Directive DEFINITIONS OF EQUIPMENT 1. Aerial access platforms with combustion engines Equipment consisting of a minimum of a work platform, an extending structure and a chassis. The work platform is a fenced platform or a cage, which can be moved under load to the required working position. The extending structure is connected to the chassis and supports the work platform; it allows movement of the work platform to its required position. 2. Brush cutter A combustion-engine driven portable hand-held unit fitted with a rotating blade made of metal or plastic intended to cut weeds, brush, small trees and similar vegetation. The cutting device operates in a plane approximately parallel to the ground. 3. Builders’ hoist for the transport of goods A power-operated, temporarily installed builders’ hoist intended for use by persons who are permitted to enter engineering and construction sites, serving (
- i)defined landing levels, having a platform: - - designed for the transportation of goods only which permits the access of persons during loading and unloading which permits the access and travel by authorised persons during erection, dismantling and maintenance guided travelling vertical or along a path within 15º max. of the vertical supported or sustained by: wire, rope, chain, screwed spindle and nut, rack and pinion, hydraulic jack (direct or indirect), or an expanding linkage mechanism where masts may or may not require support from separate structures; or (
- ii)either one upper landing or a work area extending to the end of the guide (e.g. a roof), having a load-carrying device: - designed for the transportation of goods only designed that there is no need to step on it for loading or unloading purposes or for maintenance, erection and dismantling from which persons are prohibited at any time guidec which is dcsigned to travel at an angle of at least 30º to the vertical but may be used at any angle sustained by steel wire rope and a positive drive system controlled by constant pressure type controls which does not benefit from the use of any counterweight having a maximum rated load of 300 kg having a maximum speed of 1 m/s and where the guides require support from separate structures. 10 4. [ S.L.427.19 NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS Building site band saw machine A hand-fed powered machine weighing less than 200 kg fitted with a single saw blade in the form of a continuous band mounted on and running between two or more pulleys. 5. Building site circular saw bench A hand-fed machine weighing less than 200 kg fitted with a single circular sawblade (other than a scoring saw) with a diameter of 350 mm or more, up to a maximum diameter of 500 mm, which is fixed during the normal cutting operation, and a horizontal table, all or part of which is fixed during operation. The sawblade is mounted on a horizontal non-tilting spindle, the position of which remains stationary during machining. The machine may have any of the following features: 6. - the facility for the sawblade to be raised and lowered through the table - machine frame below the table may be open or enclosed - the saw may be fitted with an additional, manually operated travelling table (not adjacent to the sawblade). Chain saw, portable A power-driven tool designed to cut wood with a saw chain and consisting of an integrated compac unit of handles, power source and cutting attachment, designed to be supported with two hands. 7. Combined high pressure flusher and suction vehicle A vehicle which may work either as a high prcssure flusher or as a suction vehicle. Sec high pressure flushcr and suction vehicle. 8. Compaction machine A machine which compacts materials, e.g. rock fills, soil or asphalt surfacing, through a rolling, tamping or vibrating action of the working tool. It may be self-propelled, towed, walk-behind or an attachment to a carrying machine. Compaction machines are subdivided as follows: - rollers for ride-on operators: self-propelled compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres; the operator’s station is an integral part of the machine - walk-behind rollers: self-propelled compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres in which the operation facilities for travelling, steering, braking and vibrating are disposed in such a way that the machines have to be operated by an attending operator or by remote control - towed roller: compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres which do not possess an independent drive system and where the operator’s station is to be found on a tractor unit - vibratory plates and vibratory rammers: compaction machines with mainly flat base plates which are made to vibrate. They are operated by an attending operator or as an attachment to a carrier machine - explosion rammers: compaction machines with mainly a flat pad as the compacting tool which is made to move in a predominantly vertical direction by explosion pressure. The machine is operated by an attending operator. NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS 9. [ S.L.427.19 11 Compressor Any machine for use with interchangeable equipment which compresses air, gasses or vapours to a pressure higher than the inlet pressure. A compressor comprises the bare compressor itself, the prime mover and any component or device supplied, which is necessary for safe operation of the compressor. Excluded are the following categories of device: 10. - 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 turbinc engines. Concrete brakers and picks, hand held Powered (by any method) concrete-breakers and picks used to perform work on civil engineering and building sites. 11. Concrete or mortar mixer A machine to prepare concrete or mortar, irrespective of the loading, mixing and emptying process. It may be operated intermittently or constantly. Concrete mixers on trucks are called truck mixers (see definition 55). 12. Construction winch A power-operated, temporarily installed lifting appliance which is equipped with means for raising and lowering a suspended load. 13. Conveying and spraying machine for concrete and mortar Items of plant pumping and spraying concrete or mortar, with or without agitator, whereby the material to be transported is conveyed to the placing position through pipelines, distribution devices or distribution booms. Conveyance is carried out: - for concrte mechanically, by piston or rotor pumps - for mortar mechanically by piston, worm, hose and rotor pumps or pneumatically by compressors with or without air chamber. These machines may be mounted on trucks, trailers or special vehicles. 14. Conveyor belt A temporarily installed machine suitable for transporting material by means of a power-driven bell. 15. Cooling equipment on vehicles A cargo space refrigeration unit on vehicle categories N2, N3, O3 and O4 as defined by Directive 70/156/EEC. 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. 16. Dozer A self-propelled wheeled or trawler machine used to exert a push or pull force through mounted equipment. 17. Drill rig 12 [ S.L.427.19 NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS A machine which is used for drilling holes on construction sites by - percussive drilling - rotary drilling - rotary percussive drilling. 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 a wheelbased, transportation may be carried out at higher speeds and on public roads. 18. Dumper A self-propelled machine wheeled or crawler machine having an open body, which either transports and dumps or spreads material. Dumpers may be equipped with intcgral self-loading equipment. 19. Equipment for loading and unloading of silos or tanks on trucks Powercd devices attached to silo or tanker trucks for loading or unloading of liquids or bulk material by means of pumps or similar equipment. 20. Excavator, hydraulic or rope-operated A self-propelled crawler or wheeled machine having an upper structure capable of a minimum of 360º rotation, which excavates, swings and dumps material by the action of a bucket fitted to the boom and arm or telescopic boom, without moving the chassis or undercarriage during any one cycle of the machine. 21. Excavator-loader A self-propelled wheeled or trawler machine having a main structural support designed to carry both a front-mounted bucket loading mechanism and a rear-mounted backhoe. When used in the backhoe mode, the machine normally digs below ground level with bucket motion towards the machine. The backhoe lifts, swings and discharges material while the machine is stationary. When used in the loader mode, the machine loads or excavates through forward motion of the machine, and lifts, transports and discharges material. 22. Glass recycling container A container, built of whatever material, that is used for the collection of bottles. It is equipped with at least one opening for filling in bottles and another one for emptying the container. 23. Grader A self-propelled wheeled machine having an adjustable blade, positioned between front and rear axles, which cuts, moves and spreads material usually to grade requirements. 24. Grass trimmer/ grass edge trimmer A combustion-engine driven portable hand-held unit fitted with flexible line(s), string(s), or similar non-metallic flexible cutting elements, such as pivoting cutters, intended to cut weeds, grass or similar soft vegetation. The cutting device operates in a plane approximately parallel (grass trimmer) or perpendicular (grass edge trimmer) to the ground. 25. Hedge trimmer Hand-held. integrally driven powered equipment which is designed for use NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 13 by one operator for trimming hedges and bushes utilising one or more linear reciprocating cutter blades. 26. High pressure flusher A vehicle equipped with a device to clean sewers or similar installations by means of a high pressure waterjet. The device may be either mounted on a proprietary vehicular truck chassis or incorporatcd into its own chassis embodiment. The equipment may be fixed or demountable as in the case of an exchangeable bodywork system. 27. High pressure waterjet machine A machine with nozzles or other speed-increasing openings which allow water, also with admixtures, to emerge as a free jet. In general, high pressure jet machines consist of a drive, a pressure generator, hose lines, spraying devices, safety mechanisms, controls and measurement devices. High pressure water jet machines may be mobile or stationary: 28. - mobile high pressure water jet machines are mobile, readily transportable machines which are designed to be used at various sites, and for this purpose are generally fitted with their own undergear or are vehicle-mounted. All necessary supply lines are flexible and readily disconnectable - stationary high pressure water jet machines are designed to be used at one site for a length of time but capable of being moved to another site with suitable equipment. Generally skid or frame-mounted with supply line capable of being disconnected. Hydraulic hammer Equipment which uses the hydraulic power source of the carrier machine to accelerate a piston (sometimes gas-assisted), which then hits a tool. The stress wave generated by kinetic action flows through the tool into the material, which causes the material to break. Hydraulic hammers need a supply of pressurised oil to function. The complete carrier/hammer unit is controlled by an operator. 29. Hydraulic power pack Any machine for use with interchangeable equipment which compresses liquids to a pressure higher than the inlet pressure. It means an assembly of a prime mover, pump, with or without reservoir and accessories (e.g. controls, pressure relief valve). 30. Joint cutter A mobile machine intended for the production of joints in concrete, asphalt and similar road surfaces. The cutting tool is a rotating high speed disc. The forward motion of the joint cutter can be 31. - manual - manual with mechanical assistance - power-driven. Landfill compactor, loader-type with bucket A self-propelled wheeled compaction machine having a front-mounted loader linkage with a bucket having steel wheels (drums) primarily designed to compact, move, grade, and load soil, landfill or sanitary (refuse) materials. 32. Lawnmower 14 [ S.L.427.19 NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS A walk-behind or ride-on grass cutting machine or a machine with grasscutting attachment(
- s)where the cutting device operates in a plane approximately parallel to the ground and which uses the ground to determine the height of cut by means of wheels, air cushion or skids, etc., and which utilises an engine or an electric motor for a power source. 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 MSA EN 786:2000, 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). 33. Lawn trimmer/lawn edge trimmer An clectrically powered walk-behind or hand-held grass cutting machine with cutting element(
- s)of non-metallic filament line(
- s)or freely pivoting nonmetallic cutters with a kinetic energy of not more than 10 J each, intended to cut grass or similar soft vegetation. The cutting element(
- s)operate(
- s)in a plane approximately parallel (lawn trimmer) or perpendicular (lawn edge trimmer) to the ground. The kinetic energy is dctermined using EN 786:2000, Annex B. 34. Leaf blower A powered machine appropriate to clear lawns, paths, ways, streets, etc., of leaves and other material by means of a high velocity air flow. It may be portable (hand-held) or not portable but mobile. 35. Leaf collector A powered machine suitable for collecting leaves and other debris using a suction device consisting of a power source which produces a vacuum inside the machine and a suction nozzle and a container for the collected material. It may be portable (hand-held) or not portable but mobile. 36. Lift truck, combustion-engine driven, counterbalanced A wheeled, internal combustion-engine driven lift truck with counterweight and lifting equipment (mast, telescopic arm or articulated arm), These are: 37. - rough terrain trucks (wheeled counterbalanced trucks intended primarily for operation on unimproved natural terrain and on disturbed terrain of, e.g., construction sites) - other counterbalanced lift trucks, excluded are those counterbalanced lift trucks that are specifically constructed for container handling. Loader A self-propelled wheeled or trawler machine having an integral frontmounted bucket-supporting structure and linkage, which loads or excavates through forward motion of the machine, and lifts, transports and discharges material. 38. Mobile crane A self-powered jib crane capable of travelling, loaded or unloaded, without the need for fixed runways and relying on gravity for stability. It operates on tyres, crawlers or with other mobile arrangements. In fixed positions it may be supported by outriggers or other accessories increasing its stability. The superstructure of a NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 15 mobile crane may be of the type of full-circle slewing, of limited slewing or nonslewing. It is normally equipped with one or more hoists and, or hydraulic cylinders for lifting and lowering the jib and the load. Mobile cranes are equipped either with telescopic jibs, with articulated jibs, with lattice jibs, or a combination at these, of such a design that may readily be lowered. The loads suspended from the jib may be handled by hook block assemblies or other load-lifting attachments for special services. 39. Mobile waste container An appropriate designed container fitted with wheels intended to store waste temporarily, and which is equipped with a cover. 40. Motor hoe A self-propelled machine designed to be pedestrian-controlled 41. - with or without support wheel(s), in such a way that its working elements act as hoeing tools to ensure propulsion (motor hoe), and - propelled by one or various wheel(
- s)directly actuated from the engine and equipped with hoeing tools (motor hoe with drive wheel(s)). Paver-finisher A mobile road construction machine used for the purpose of applying layers of construction material, such as bituminous mix, concrete and gravel on surfaces. Paver-finishers may be equipped with a high-compaction screed. 42. Piling equipment Pile installation and extraction equipment, e.g. impact hammers, extractors, vibrators or static pile pushing/pulling devices of an assembly of machines and components used for installation or extraction of piles, which also includes: 43. - piling rig consisting of carrier machine (trawler, wheel or rail mounted, floating leader attachment, leader or guiding system) - accessories, e.g. pile caps, helmets, plates, followers, clamping devices, pile handling devices, pile guides, acoustic shrouds and shock/vibration absorbing devices, power packs/generators and personal lifting devices or platforms. Pipelayer A self-propelled crawler or wheeled machine specifically designed to handle and lay pipes and carry pipeline equipment. The machine, the design of which is based on a tractor, has especially designed components such as undercarriage, main frame, counterweight, boom and load-hoist mechanism, and vertically pivoting side boom. 44. Piste caterpillar Any device comprising an internal combustion engine driving a rotary electrical generator producing a continuous supply of electrical power. 45. Powcr generator Any device comprising an internal combustion engine driving a rotary electrical generator producing a continuous supply of electrical power. 46. Powcr sweeper A sweeping collection machine having equipment to sweep debris into the path of a suction inlet that would then pneumatically by way of a high velocity 16 [ S.L.427.19 NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS airstream or with a mechanical pick-up system convey the debris to a collection hopper. The sweeping and collecting devices may either be mounted to a proprietary vehicular truck chassis or incorporated into its own chassis embodiment. The equipment can be fixed or demountable as in the case of an exchangeable bodywork system. 47. Refuse collection vehicle A vehicle designed for the collection and transportation of domestic and bulky waste based on loading via containers or by hand. The vehicle may be equipped with a compaction mechanism. A refuse collection vehicle comprises a chassis with cab onto which the bodywork is mounted. It may be equipped with a container lifting device. 48. Road-milling machine A mobile machine used for removing material from paved surfaces using a power-driven cylindrical body, on which surface the milling tools are fitted; the cutter drums rotate during the cutting operation. 49. Scarifier A walk-behind or ride-on powered machine which uses the ground to determine the depth of cut and which is equipped with an assembly appropriate to slit or scratch the surfacc of the lawn in gardens, parks and other similar areas. 50. Shredder/chipper A powered machine designed for use in a stationary position having one or more cutting devices for the purpose of reducing bulk organic materials to smaller pieces. Generally it consists of a feed intake opening through which material (which may be held by an appliance or not) is inserted, a device which cuts up the material by whatever method (cutting, chopping, crushing or other methods) and a discharge chute through which the cut material is discharged. A collecting device may be attached. 51. Snow-removing machine with rotating tools A machine with which snow can be removed from traffic areas by rotating means, accelerated and ejected by blower means. 52. Suction vehicle A vehicle equipped with a device to collect water, mud, sludge, refuse or similar material from sewers or similar installations by means of a vacuum. The dev ice m ay be eit her m oun ted on a propriet ary vehi cular t ruck chassis or incorporated into its own chassis embodiment. The equipment may be fixed or demountable as in the case of an exchangeable bodywork system. 53. Tower crane A slewing jib crane with the jib located at the top of a tower which stays approximately vertical in the working position. This power-driven appliance is equipped with means for raising and lowering suspended loads and for the movement of such loads by changing the load-lifting radius, slewing, travelling of the complete appliance. Certain appliances perform several but not necessarily all of these movements. The appliance can be installed in a fixed position or equipped with means for displacing or climbing. NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS 54. [ S.L.427.19 17 Trencher A self-propelled, ride-on or pedestrian-controlled, crawler or wheeled machine, having a front- or rcar-mounted excavator linkage and attachment, primarily designed to produrc trenches in a continuous operation, through a motion of the machine. 55. Truck mixer A vehicle which is equipped with a drum to transport ready-mixed concrete from the concrete mixing plant to the job site; the drum may rotate when the vehicle is driving or standstill. The drum is emptied on the job site by rotating the drum. The drum is driven either by the driving engine of the vehicle or by a supplementary cngine. 56. Waterpump unit A machine consisting of a water pump itself and the driving system. Water pump means a machine for the raising of water from a lower to a higher energy level. 57. Welding generator Any rotary device which produces a welding current. SCHEDULE II Based on Annex II of the Direþctive EC DECLARATION OF CONFORMITY The EC declaration of conformity must contain the following particulars: - name and address of the manufacturer or his authorised representative - name and address of the person who keeps the technical documentation - description of the equipment - conformity assessment procedure followed, and, where appropriate, name and address of the notified body involved - measured sound power level on an equipment representative for this type - guaranteed sound power level for this equipment - a reference to these regulations - the declaration that the equipment conforms to the requirements of these regulations - where appropriate, the declaration(
- s)of conformity and references of the other Community Directives applied - the place and date of the declaration - particulars of the signatory authorised to sign the legally binding declaration for the manufacturer or his authorised representative. NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 18 SCHEDULE III Based on Annex III of the Directive METHOD OF MEASUREMENT OF AIRBORNE NOISE EMITTED BY EQUIPMENT FOR USE OUTDOORS 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 reguulations 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 2.1 lays down - basic noise emission standards - general supplements to these basic noise emission standards for measuring the sound pressure level on a measurement surface enveloping the source and for calculating the sound power level produced by the source. Part B of this Schcdulc for each type of equipment referred to in regulation 2.1 lays down - a recommended basic noise emission standard including - a reference to the basic noise emission standard chosen from Part A - the test area - the value of the constant K2A - the shape of the measurement surface - the number and position of microphones to be used - operating conditions including - the reference to a standard, if any - requirements relating to mounting of the equipment - a method to calculate the resulting sound power levels in the event that several tests with different operating conditions are to be used - further information. When testing specific types of equipment, the manufacturer or his authorised representative 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 opcrating conditions of Part B. PART A BASIC NOISE EMISSION STANDARD For the determination of the sound power level of equipment for use outdoors as defined by regulation 2.1 the basic noise emission standards MSA EN ISO 3744:2000 MSA EN ISO 3746:2000 may generally be used subject to the following general supplements: NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS 1. [ S.L.427.19 19 Measurement uncertainty Measurement uncertainties are not taken into account in the framework at conformity assessment procedures in the design phase. 2. Operation of source during test 2.1. Fan speed If the engine of the equipment or its hydraulic system is fitted with (
- a)fans(
- s)it (they) must operate during the test. The fan speed is, in accordance with one of the following conditions, stated and set by the manufacturer of the equipment and must appear in the test report, this speed being used in further measurements. (
- a)Fan drive directly connected to the engine If the fan drive is directly connected to the engine and, or hydraulic equipment (e.g. by belt drive) it must operate during the test. (
- b)Fan drive with several distinct speeds If the fan can work at several distinct speeds the test shall be carried out either - at its maximum working speed, or in a first test with the fan set at zero speed and in a second test the fan set at maximum speed. The resulting sound pressure level L pA shall then be calculated by combining both test results using the following equation: L pA = 10 lg {0.3 x 10 0,1LpA,0% + 0,7 x 100,1 LpA,100%} where: L pA, 0% is the sound pressure level determined with the fan set at zero speed L pA, 100% is the sound pressure level determined with the fan set at maximum speed. (
- c)Fan drive with continuous variable speed If the fan can work at continuous variable speed, the test shall be carried out either according to 2.1(
- b)or with the fan speed set by the manufacturer at no less than 70% of the maximum speed. 2.2. Test of powered equipment free of load 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 *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. 20 [ S.L.427.19 NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS 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. 2.3. Test of powered equipment under load 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. 2.4. Test of hand-operated equipment 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. 3. Calculation of surface sound pressure level The surface sound pressure level shall be determined at least three times. If at least two of the determined values do not differ by more than 1 dB, further measurements will not be necessary; otherwise the measurements shall be continued until two values differing by no more than 1 dB are obtained. The A-weighted surface sound pressure level to be used for calculating the sound power level is the arithmetic mean of the two highest values that do not differ by more than 1 dB. 4. Information to be reported The A-weighted sound power level of the source under test shall be reported to the nearest whole number (less than 0.5 use the lower number; greater than or equal to 0.5 use the higher number). 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. 5. Additional microphone positions on the hemispherical measurement surface (MSA EN ISO 3744:2000) In addition to clauses 7.2.1 and 7.2.2 of MSA EN ISO 3744-2000 a set of 12 microphones on the hemispherical measurement surface may be used. The location of 12 microphone positions distributed on the surface of a hemisphere of radius r are listed in the form of Cartesian coordinates in the following table. The radius r of the hemisphere shall be equal to or greater than twice the largest dimension of the NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR USE OUTDOORS [ S.L.427.19 21 reference parallelepiped. The reference parallelepiped is define as the smallest possiblc rcctangular parallelepiped just enclosing the equipment (without attachments) and terminating on the reflecting plane. The radius of the hemisphere shall be rounded to the nearest higher of the following values: 4, 10, 16m. The number