Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988

EEC inspections

7.—(1) The approved body may carry out periodic checks of any earth-moving machine of a type in respect of which an EEC type-examination certificate has been issued under these Regulations or under the law of Northern Ireland and is in force to ascertain whether such machine has been manufactured to conform with the type of earth-moving machine so certified.

(2) If the approved body, after checking an earth-moving machine under paragraph (1) above of the same type as that in respect of which an EEC type-examination certificate issued under these Regulations or under the law of Northern Ireland is in force, is satisfied that such a machine has not been manufactured to conform with the EEC type-examination requirements in respect of such a machine, the approved body shall give notice of that fact to the holder of that EEC type-examination certificate and such notice shall specify—

(a) the respects in which the earth-moving machine has not been manufactured so as to conform with the EEC type-examination requirements in respect of it;

(b) that unless steps are taken which ensure that such machine does so conform within a specified period the certificate will be suspended or withdrawn; and

(c) if the approved body thinks fit, that the certificate will be suspended immediately.

(3) If the approved body decides to suspend or withdraw an EEC type-examination certificate it shall immediately give notice of the decision to the holder of the certificate and to the Secretary of State.

(4) A notice to a holder of an EEC type-examination certificate of suspension or withdrawal given under paragraph (2) of this regulation or of suspension or withdrawal under paragraph (3) shall specify the date on which the suspension or withdrawal is to take effect and shall specify the grounds for the decision and shall inform the holder of the certificate of his right to apply for a review of the decision under regulation 8.

(5) The suspension or withdrawal of an EEC type-examination certificate shall not affect the validity of any certificate of conformity or EEC mark issued or placed on an earth-moving machine under regulation 6 or under the law of Northern Ireland.