The Self-Propelled Industrial Trucks (EEC Requirements) Regulations 1988
These Regulations implement Council Directive 86/663/EEC. The Regulations apply to certain self-propelled industrial trucks. The Regulations:provide for the appointment by the Secretary of State of approved bodies whose decisions may be reviewed by the Secretary of State. (Regulations 4 and 9)provide for tests to be carried out on self-propelled industrial trucks by the manufacturer and/or by an approved body to ensure that they comply with the requirements of Annex 1 of the Directive. (Regulations 5 and 6)provide for the issue by the manufacturer of certificates of conformity and the use of conformity marks. (Regulation 7).provide for conformity checks to be carried out by the Secretary of State to ensure compliance with the requirements of the Directive, for the suspension and withdrawal of the obligation to issue certificates of conformity and affix conformity marks, and for the prohibition on marketing and for the withdrawal from the market of self-propelled industrial trucks which do not comply with those requirements. (Regulation 8)subject to paragraph (f) below, prohibit on or after 1st January 1989 the marketing of any self-propelled industrial truck manufactured on or after that date unless a certificate of conformity has been issued in respect of that truck under these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom. (Regulations 3, 10 and 11)provide that in proceedings against any person for an offence under certain legislation relating to health and safety at work in respect of a requirement in relation to any matter to which the Regulations apply it shall be a defence to show that the requirements of the Regulations have been complied with in respect of that matter. (Regulation 10(3)).provide that where a person appeals to an industrial tribunal against certain types of notice that have been served on him in relation to a self-propelled industrial truck under section 24 of the Health and Safety at Work etc. Act 1974 the industrial tribunal shall cancel such notices if that person can show that the requirements of the Regulations have been satisfied in relation to the matters contained in those notices. (Regulation 10(4)).