The Agriculture (Tractor Cabs) (Amendment) Regulations 1990

Amendments to the principal regulations

2.—(1) The principal regulations shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1), in the definition of “approved”, there shall be inserted after the word “tractor”–

“and any safety cab which is marked with a component type-approval mark in accordance with–

(a)

Council Directive 77/536/EEC(1) relating to the roll-over protection structures of wheeled agricultural or forestry tractors, as amended by Council Directive 87/354/EEC(2);

(b)

Council Directive 79/622/EEC(3) relating to the static testing of the roll-over protection structures of wheeled agricultural or forestry tractors, as amended by Council Directive 87/354/EEC and as adapted to technical progress by Commission Directives 82/953/EEC(4) and 88/413/EEC(5);

(c)

Council Directive 86/298/EEC(6) relating to the rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors; or

(d)

Council Directive 87/402/EEC(7) relating to the roll-over protection structures mounted in front of the driver’s seat on narrow-track wheeled agricultural and forestry tractors,

shall be deemed to be approved and correctly marked with the appropriate approval mark and supplementary marks in accordance with that regulation if it is fitted to and for use with a tractor of the type to which it was attached when tested pursuant to the relevant Directive specified above, and the driver-perceived noise level is within either of the limits specified in Article 2.1 of Council Directive 77/311/EEC(8) (relating to the driver-perceived noise level of wheeled agricultural or forestry tractors) when measured in accordance with the relevant Annex to that Directive;”.

(3) In regulation 3–

(a) in paragraph (2), for “British Standard Specification No. B.S. 4063: 1973”, there shall be substituted “Council Directive 77/536/EEC (as amended by Council Directive 87/354/EEC), Council Directive 79/622/EEC (as amended by Council Directive 87/354/EEC and as adapted to technical progress by Commission Directives 82/953/EEC and 88/413/EEC), Council Directive 86/298/EEC or Council Directive 87/402/EEC”;

(b) in paragraph (3)–

(i) for “1st September 1977 the Executive shall further be satisfied, and in the case of a certificate issued before that date may be so satisfied”, there shall be substituted “14th June 1990 the Executive shall further be satisfied”, and

(ii) for “not be more than 90 dB(A) if tested in accordance with British Standard Specification No. B.S. 4063: 1973”, there shall be substituted “be within either of the limits specified in Article 2.1 of Council Directive 77/311/EEC if measured in accordance with the relevant Annex to that Directive”;

(c) in paragraph (5), after “specified in paragraph (3) above”, there shall be inserted “(appertaining at the time the certificate of approval was issued)”; and

(d) in paragraph (11), for “the British Standard Specification referred to in paragraph (2) above”, there shall be substituted “the construction and testing requirements of Council Directive 77/536/EEC (as amended by Council Directive 87/354/EEC), Council Directive 79/622/EEC (as amended by Council Directive 87/354/EEC and as adapted to technical progress by Commission Directives 82/953/EEC and 88/413/EEC), Council Directive 86/298/EEC or Council Directive 87/402/EEC”.

(4) There shall be inserted, after regulation 9, the following regulation–

“Savings

10.   Nothing in the Agriculture (Tractor Cabs) (Amendment) Regulations 1990 (“the 1990 Regulations”) shall affect the validity of any certificate of approval issued in accordance with regulation 3 of these Regulations before the coming into force of the 1990 Regulations.”.

(5) In paragraph 1(1) of Part I of the Schedule, for “not be more than 90 dB(A) if tested in accordance with British Standard Specification No. B.S. 4063: 1973”, there shall be substituted “be within either of the limits specified in Article 2.1 of Council Directive 77/311/EEC if measured in accordance with the relevant Annex to that Directive”.

(1)

OJ No. L220, 29.8.77, p. 1.

(2)

OJ No. L192, 11.7.87, p. 43.

(3)

OJ No. L179, 17.7.79, p. 1.

(4)

OJ No. L386, 31.12.82, p. 31.

(5)

OJ No. L200, 26.7.88, p. 32.

(6)

OJ No. L186, 8.7.86, p. 26.

(7)

OJ No. L220, 8.8.87, p. 1.

(8)

OJ No. L105, 28.4.77, p. 1.