TNAG-2309-FCO40-3347-International-Convention-for-Safe-Containers-1972-extension--1991 — Page 8

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01144712703386

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B.R. 10/86

THE HEALTH AND SAFETY AT WORK ACT 1982 THE FREIGHT CONTAINERS (SAFETY CONVENTION) REGULATIONS 1986

The Minister in exercise of the powers conferred upon him by section 9(c) of the Health and Safety at Work Act 1982 makes the following regulations -

Citation.

1. These regulations may be cited as the Freight Containers (Safety Convention) Regulations 1986.

Interpretation.

2. (1) In these regulations, unless the context otherwise requires -

"the Convention" means the International Convention for Safe Containers signed at Geneva on 2nd December, 1972;

"container" means an article of transport equipment which is -

(a) of a permanent character and accordingly strong enough for repeated use;

(b) designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading:

(c) designed to be secured or readily handled or both, having corner fittings for these purposes; and

(d) of a size such that the area enclosed by the outer bottom corners is either - (i) at least 7 square metres if the container is fitted with top corner fittings; or (ii) at least 14 square metres in any other case; and includes a container when carried on a chassis but does not include a vehicle or packaging, or any article of transport equipment designed solely for use in air transport, or a swap body except when it is carried by or on board a sea-going ship and is not mounted on a road vehicle or rail

wagon;

"corner fittings" means an arrangement of apertures and faces at either the top of the bottom or both at the top and the bottom of the container for the purpose of handling, stacking and securing or any of those purposes;

"maintained" means maintained in an efficient state in efficient working order and in good repair;

Schedule.

"safety approval plate” means a plate in the form and containing ( specified in the Schedule:

information

"swap body" means a container which is specially designed for carriage by road on ly or by rail and road only and is without stacking capability and top lift facilities; "use" means use for the purpose for which the container is designed but shall pot in- clude -

(a) movement to a place for remedial action provided:

(i) so far as is reasonably practiable the movement is without risk to the safety of any person; and

(ii) the remedial action is carried out before the container is repacked with goods; (b) if the container is not loaded with goods -

2:

(i) transport to a place for testing the container to obtain approval under Regulation

5;

OF

(ii) delivery of the container to its purchaser by the vendor or his agent.

(2) Unless the context otherwise requires, any reference in these regulations to (a) a numbered regulation is a reference to the regulation of these regulations which bears that number;

$2.

(b) a numbered paragraph is a reference to that paragraph so numbered in the regulation in which thenreference appears;

(c) "the Schedule”, is a reference to the Schedule to these regulations;

(5) il shan ut i qertava za maj

be used which had not been properly maintained or examined that at the time of the contravention a bailment or lease was in force in respect of the container and - (a) in the case of an owner, that it was an express term of the bailment or lease that the bailee or lessee, as the case may be, should be responsible for ensuring that the container was maintained or examined;

(b) in the case of a lessee-

(i) that it was not an express term of the lease that he should be responsible for en- surine that the container was maintained or examined; or

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