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5.—(1) The employer of a worker employed in agriculture shall ensure—
(a)that every tractor driven by that worker in the course of his employment is properly fitted with a safety cab marked with the appropriate approval mark; and
(b)so far as it is reasonably practicable for him to do so, that every safety cab fitted to a tractor so driven by that worker is approved for use with that tractor.
(2) No worker employed in agriculture shall drive a tractor in the course of his employment, and no person shall cause or permit him to do so, unless it is properly fitted with a safety cab marked with the approval mark.
(3) No worker employed in agriculture shall drive a tractor in the course of his employment if it is fitted with a safety cab which he knows is not approved for use with that tractor, and no person shall cause or permit such a worker to drive a tractor in the course of his employment if it is fitted with a safety cab which that person knows is not approved for use with that tractor.
(4) Nothing in this regulation shall apply to a tractor—
(a)while it is being used for the purpose of carrying out an agricultural operation in a hop-garden, hop-yard or orchard, where it is not reasonably practicable to use the tractor for the purpose if it is fitted with a safety cab approved for use with that tractor;
(b)while it is being driven to or from a hop-garden, hop-yard or orchard for the purpose of or after being used there without an approved safety cab in compliance with sub-paragraph (a) above;
(c)while it is being used inside, or in close proximity to, a building for the purpose of carrying out an agricultural operation involving its use inside that building, where it is not reasonably practicable by reason of the height, shape or construction of the building to use the tractor for the purpose if it is fitted with a safety cab approved for the use with that tractor; or
(d)while it is being driven to or from any building for the purpose of or after being used there without an approved safety cab in compliance with sub-paragraph (c) above, unless the tractor is at the same time engaged in, or being driven from or to the site of, any agricultural operation for which such a safety cab is required by this regulation.
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