The Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1992

Explanatory Note

(This Note is not part of the Regulations)

These Regulations implement Council Directive 84/538/EEC (OJ No. L300 of 19th November 1984, pp. 171—178), as amended by Commission Directive 87/252/EEC (OJ No. L117 of 5th May 1987, pp. 22—27), adapting it to technical progress, and Council Directives 88/180/EEC (OJ No. L81 of 26th March 1988, pp. 69—70) and 88/181/EEC (OJ No. L81 of 26th March 1988, pp. 71—74) which extended the provisions of the 1984 Directive (as amended) to motorised cylinder mowers and provided for a maximum permissible sound pressure level in the case of certain lawnmowers with a cutting width exceeding 120cm (“wide lawnmowers”).

The Regulations relate to the permissible sound power level and, in the case of “wide lawnmowers”, the permissible sound pressure level of motorised equipment for cutting grass areas used for recreational, decorative or similar purposes but excluding agricultural and forestry equipment and certain non-independent and multi-purpose devices. In particular, the Regulations:

(a) revoke the Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1986, the Lawnmowers (Harmonization of Noise Emission Standards) (Amendment) Regulations 1987 and the Lawnmowers (Harmonization of Noise Emission Standards) Regulations (Northern Ireland) 1990 but provide that those Regulations shall continue to apply to lawnmowers supplied for the first time in the Community before the date on which these Regulations come into force. In addition these Regulations do not apply to lawnmowers supplied for use outside the Community. (Regulations 1 and 2)

(b) prohibit the supply of lawnmowers (as defined in the Regulations) for the first time in the Community on or after the date on which the Regulations come into force, unless—

(i) the sound power level and, in the case of a “wide lawnmower”, the sound pressure level does not exceed the permitted levels for that type of lawnmower; and

(ii) it is accompanied by a certificate of conformity to be issued by the manufacturer, or importer domiciled in the Community, based on a laboratory test report to be issued by a listed laboratory (approved by the Secretary of State or his equivalent in another member State) and an EEC mark has been placed on it. (Regulations 3 and 4)

(c) provide for the carrying out of tests and the subsequent issue by a listed laboratory of laboratory test reports in respect of the sound levels of lawnmowers, as measured in accordance with Schedule 3. (Regulation 5)

(d) provide for the payment of a prescribed fee for a test report. (Regulations 5 and 6)

(e) provide for checks of lawnmowers, from time to time, by the Secretary of State and also, in Northern Ireland, by the Department of Economic Development to ensure compliance with the requirements of Regulation 4. (Regulation 7)

(f) provide that an offence is committed if any person, without reasonable excuse, contravenes or fails to comply with the requirements of Regulation 4 and extend those provisions to offences committed by a body corporate (including a partnership in Scotland). (Regulations 8 and 9)

(g) provide a model certificate of conformity (Schedule 1), model forms of marks to be placed on lawnmowers (Schedule 2), the tests from the relevant Directives in accordance with which the sound levels of lawnmowers are to be measured (Schedule 3), a table of permissible sound power levels (Schedule 4), and a list of the information required to accompany an application to a listed laboratory for a test (Schedule 5).