Statutory Instrument 2001 No. 1701

The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

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© Crown Copyright 2001

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(a) "the Directive" means Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors[7];

(b) except for the references to the European Communities in the definition of "the Commission" and in relation to the Official Journal, a reference to the Community includes a reference to the EEA, and a reference to a member State includes a reference to an EEA State: for this purpose - 


(i) the "EEA" means the European Economic Area;

(ii) an "EEA State" means a State which is a Contracting Party to the EEA Agreement; and

(iii) the "EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993[8]; and



(c) unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference - 



(i) to a paragraph in a regulation is a reference to a paragraph in that regulation;

(ii) to an Annex is a reference to an Annex of the Directive: for the purposes of these Regulations, Annexes I, II, III, IV, V, VI, VII and VIII are respectively set out in Schedules 4, 5, 6, 7, 8, 9, 10 and 11;

(iii) to a paragraph in an Annex is a reference to a paragraph in that Annex as set out in the relevant Schedule;

(iv) to an Article is a reference to an Article of the Directive.

    (2) In these Regulations, unless the context otherwise requires - 

"CE marking" means the CE marking referred to in regulation 11 consisting of the initials "CE" in the form shown in Schedule 7;

"the Commission" means the Commission of the European Communities;

"enforcement authority" shall be construed in accordance with paragraph 1(1) of Schedule 13;

"equipment" means equipment for use outdoors;

"equipment for use outdoors" means all machinery defined in Article 1(2) of Directive 98/37/EC of the European Parliament and of the Council of 22nd June 1998 on the approximation of the laws of the Member States relating to machinery[9], that is to say;

     - an assembly of linked parts or components, at least one of which moves, with the appropriate actuators, control and power circuits, and so on, joined together for a specific application, in particular for the processing, treatment, moving or packaging of a material, or

     - an assembly of machines which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole, or

     - interchangeable equipment modifying the function of a machine, which is placed on the market for the purpose of being assembled with a machine or a series of different machines or with a tractor by the operator himself insofar as this equipment is not a spare part or a tool;

which is either self-propelled or can be moved and which, irrespective of the driving element(s), is intended to be used, according to its type, in the open air and which contributes to environmental noise exposure, including non-powered equipment for industrial or environmental applications which is intended, according to its type, to be used outdoors and which contributes to environmental noise exposure;

"indication of the guaranteed sound power level" means the indication referred to in regulation 11 in the form shown in Schedule 7;

"open air" includes the use of equipment in an ambience where the transmission of sound is not or not significantly affected (for instance, under tents, under roofs for protection against rain or in the shell of houses);

"responsible person" means

(a) the manufacturer;

(b) the manufacturer's authorised representative established in the Community; or

(c) where neither the manufacturer nor his authorised representative is established in the Community, the person placing the equipment on the market or putting it into service in the Community;

"guaranteed sound power level" means a sound power level determined in accordance with the requirements laid down in Schedule 6 which includes the uncertainties due to production variation and measurement procedures and where the responsible person confirms that according to the technical instruments applied and referred to in the technical documentation it is not exceeded;

"measured sound power level" means a sound power level as determined from measurements as laid down in Schedule 6; measured values may be determined either from a single machine representative for the type of equipment or from the average of a number of machines;

"notified body" shall be construed in accordance with regulation 13;

"sound power level L_WA" means the A-weighted sound power level in dB in relation to 1pW as defined in EN ISO 3744: 1995[10] and EN ISO 3746: 1995[11].

Application
     3.  - (1) Subject to regulations 4, 5 and 6, these Regulations shall apply to equipment listed in Schedules 1 and 2, as further defined in Schedule 4.

    (2) These Regulations shall apply, and the provisions of paragraphs 1.5.8 and 1.7.4(f) of Schedule 3 to the Supply of Machinery (Safety) Regulations 1992[12] shall not apply, to any equipment listed in Schedules 1 and 2, as further defined in Schedule 4.

Excluded equipment
     4. These Regulations shall not apply to - 

(a) non-powered attachments separately placed on the market or put into service except for hand-held concrete breakers and picks and those for hydraulic hammers;

(b) all equipment primarily intended for the transport of goods or persons by road or rail or by air or on waterways; or

(c) equipment specially designed and constructed for military and police purposes and for emergency services.

     5. These Regulations shall not apply to equipment placed on the market before 3rd July 2001.

     6.  - (1) Subject to paragraph (2), these Regulations shall not apply to equipment placed on the market or put into service on or before 2nd January 2002 which comply with any provisions with which they would have been required to comply for them to be placed on the market in the United Kingdom on 2nd July 2001.

    (2) The exclusion provided in paragraph (1) shall not apply in the case of equipment which - 

(a) unless required to bear the CE marking pursuant to any other Community obligation, bears the CE marking or an inscription liable to be confused with it; or

(b) bears or is accompanied by any other indication, howsoever expressed, that it complies with the Directive.

General duty relating to placing on the market or putting into service
     7.  - (1) Subject to regulation 8, no person, who is a responsible person, shall place on the market or put into service any equipment listed in Schedules 1 and 2 and further defined in Schedule 4 unless the requirements of paragraph (2) have been complied with in relation to it.

    (2) The requirements in respect of equipment described in paragraph (1) are that:

(a) it satisfies the relevant requirements set out in regulation 8;

(b) the appropriate conformity assessment procedure referred to in regulation 10 has been completed in relation to it;

(c) it bears the CE marking and the indication of the guaranteed sound power level in accordance with regulation 11; and

(d) it is accompanied by an EC declaration of conformity the minimum content of which is set out in Schedule 5.

    (3) In respect of equipment to be placed on the market or put into service in the United Kingdom, the declaration of conformity shall be in English.

    (4) A specimen of the declaration of conformity shall be retained by the responsible person for 10 years from the date on which the type of equipment was last manufactured, together with the technical documentation as provided for in Schedule 8 point 3, Schedule 9 point 3, Schedule 10 point 2, and Schedule 11 points 3.1 and 3.3.

    (5) Type-examination certificates issued and measurements of equipment carried out under the Regulations listed in regulation 1(4) may be used in drawing up the technical documentation referred to in paragraph (4) above.

    (6) Paragraph (1) shall only apply to equipment that is placed on the market or put into service as an entire unit suitable for the intended use of that equipment.

Permissible sound power level of equipment
     8.  - (1) The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 1 and defined in Schedule 4 are that the guaranteed sound power level does not exceed the applicable permissible sound power level as laid down in the table set out in Schedule 3 and as calculated in accordance with the provisions in Schedule 6.

    (2) The sound power levels in the column headed "Stage I" of the table set out in Schedule 3 shall apply from 3rd January 2002 and those in the column headed "Stage II" of the said table shall apply from 3rd January 2006.

    (3) The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 2 and defined in Schedule 4 are that the guaranteed sound power level shall be marked on the equipment.

Exceptions to placing on the market and putting into service of certain equipment
     9. For the purposes of regulation 7, equipment shall not be regarded as being placed on the market or put into service - 

(a) where that equipment - 


(i) will be put into service in a country outside the Community; or

(ii) is imported into the Community for re-export to a country outside the Community,



save that this paragraph shall not apply if the CE marking, or any inscription liable to be confused therewith, is affixed thereto; or

(b) by the showing at trade fairs, exhibitions, demonstrations and similar events, of that equipment in respect of which the provisions of these Regulations are not satisfied if - 



(i) a visible sign clearly indicates that - 


(aa) such equipment does not conform; and

(bb) it is not placed on the market or put into service until it has been brought into conformity by the responsible person; and



(ii) adequate safety measures are taken during demonstrations to ensure the protection of persons.

Conformity assessment procedures
     10. For the purposes of regulation 7(2)(b), the appropriate conformity assessment procedure is:

(a) for equipment listed in Schedule 1 and defined in Schedule 4, one of the procedures set out in Schedule 9, 10 or 11; or

(b) for equipment listed in Schedule 2 and defined in Schedule 4, the procedure set out in Schedule 8.

CE marking and indication of the guaranteed sound power level
     11.  - (1) The CE marking shall be accompanied by the indication of the guaranteed sound power level.

    (2) The CE marking and the indication of the guaranteed sound power level shall be affixed in a visible, legible and indelible form to each item of equipment.

    (3) Subject to paragraph (4), where the equipment is subject to other directives covering other aspects which provide for the affixing of the CE marking, the latter shall indicate that the equipment in question is also presumed to conform to the provisions of those other directives.

    (4) Where one or more of the other directives referred to in paragraph (3) allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only with the directives applied by the manufacturer, and in this case, particulars of the directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the directives and accompanying the equipment.

    (5) The affixing of markings or inscriptions on equipment which are likely to be misleading as to the meaning or form of the CE marking or to the indication of the guaranteed sound power level is prohibited.

    (6) Any other marking may be affixed to equipment provided that the visibility and legibility of the CE marking and the indication of the guaranteed sound power level is not thereby reduced.

Provision of data
     12. A copy of the declaration of conformity shall be sent by the responsible person to the Secretary of State at the Department of Trade and Industry[13] at such address as he shall from time to time require and to the Commission[14] within 28 days of placing the equipment on the market.

Notified Bodies
     13. For the purposes of these Regulations, a notified body is a body which has been appointed to carry out one or more of the conformity assessment procedures mentioned or referred to in regulation 10 and which has been - 

(a) appointed as a notified body in the United Kingdom pursuant to regulation 14; or

(b) appointed by a member State other than the United Kingdom, and has been notified by the member State concerned to the Commission and the other member States pursuant to Article 15 of the Directive.

     14.  - (1) The Secretary of State may from time to time appoint such persons as he thinks fit to be notified bodies for the purposes of these Regulations.

    (2) An appointment - 

(a) may relate to all descriptions of equipment or such descriptions (which may be framed by reference to any circumstances whatsoever) of equipment as the Secretary of State may from time to time determine;

(b) may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;

(c) shall, without prejudice to the generality of sub-paragraph (b) and subject to paragraph (4), require that body to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the responsible person duly fulfils the obligations arising out of the relevant conformity assessment procedure;

(d) shall be terminated upon 90 days' notice in writing to the Secretary of State, at the request of the notified body; and

(e) may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.

    (3) Subject to paragraphs (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.

    (4) A notified body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if - 

(a) for any reason the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body;

(b) the person making the application has not submitted with his application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 15; or

(c) the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within three months of receiving the application.

    (5) If for any reason the appointment of a notified body is terminated under this regulation, the Secretary of State may - 

(a) give such directions (either to the body the subject of the termination or to another notified body) for the purpose of making such arrangements for the determination of outstanding applications as he considers appropriate; and

(b) without prejudice to the generality of the foregoing, authorise another notified body to take over its functions in respect of such cases as he may specify.

    (6) Where a notified body is minded to refuse to issue a report or conformity certificate it shall - 

(a) give notice in writing to the applicant of the reasons why it is minded to do so; and

(b) give the applicant the opportunity to make representations within a period of 28 days of the said notice being given and consider any representations made within that period by the applicant.

Fees
     15.  - (1) Without prejudice to the power of the Secretary of State, where he is appointed as a notified body in the United Kingdom, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973[15] and subject to paragraph (2), a notified body appointed by the Secretary of State may charge such fees in connection with, or incidental to, carrying out its duties in relation to the functions referred to in regulation 14(2)(c) as it may determine; provided that such fees shall not exceed the sum of the following - 

(a) the costs incurred or to be incurred by the notified body in performing the relevant function; and

(b) an amount on account of profit which is reasonable in the circumstances having regard to - 


(i) the character and extent of the work done or to be done by the body on behalf of the applicant; and

(ii) the commercial rate normally charged on account of profit for that work or similar work.

    (2) The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.

Conditions for equipment being taken to conform
     16.  - (1) Subject to paragraph (2), any equipment which - 

(a) bears the CE marking and the indication of the guaranteed sound power level in accordance with regulation 7(2)(c); and

(b) is accompanied by an EC declaration of conformity in accordance with regulation 7(2)(d),

shall be taken to conform with all the provisions of these Regulations which apply to it, including the appropriate conformity assessment procedure specified in regulation 10, unless there are reasonable grounds for suspecting that it does not so conform.

    (2) Paragraph (1) does not apply in relation to an enforcement authority where a person fails or refuses to make available to the enforcement authority the documentation which he is required, by the conformity assessment procedure which applies to that equipment, to retain a copy thereof.

Enforcement
     17.  - (1) Subject to paragraph (2), Schedule 13 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.

    (2) Where an enforcement authority has reasonable grounds for suspecting that the CE marking and the indication of the guaranteed sound power level has been affixed to equipment and in relation to which any provision of these Regulations except the requirements in regulation 8(1) has not been complied with it may serve notice in writing on - 

(a) the manufacturer of the equipment or his authorised representative established within the Community; or

(b) in a case where neither the manufacturer of the equipment nor his authorised representative established within the Community has placed the equipment on the market, the person who places it on the market or puts it into service in the United Kingdom;

and subject to paragraph (3), no other action pursuant to Schedule 13 may be taken, and no proceedings may be brought pursuant to regulation 18, in respect of that equipment until such notice has been given and the person to whom it is given has failed to comply with its requirements.

    (3) A notice which is given under paragraph (2) shall - 

(a) state that the enforcement authority suspects that the CE marking and the indication of the guaranteed sound power level has not been correctly affixed to the equipment;

(b) specify the respect in which it is so suspected and give particulars thereof;

(c) require the person to whom the notice is given - 


(i) to secure that any equipment to which the notice relates conforms as regards the provisions concerning the correct affixation of the CE marking and the indication of the guaranteed sound power level within such period as may be specified in the notice; or

(ii) to provide evidence within that period, to the satisfaction of the enforcement authority, that the CE marking and the indication of the guaranteed sound power level has been correctly affixed; and



(d) warn that person that if the non-conformity continues after, or if satisfactory evidence has not been provided within, the period specified in the notice, further action may be taken under these Regulations in respect of that equipment or equipment of the same type placed on the market or put into service by that person.

Offences
     18. Any person who - 

(a) contravenes or fails to comply with regulation 7(1);

(b) fails to retain a copy of the declaration of conformity as required by regulation 7(4); or

(c) fails to supply a copy of the declaration of conformity as required by regulation 12,

shall be guilty of an offence.

Penalties
     19.  - (1) A person guilty of an offence under regulation 18(a) shall be liable on summary conviction - 

(a) to imprisonment for a term not exceeding three months; or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

    (2) A person guilty of an offence under regulation 18(b), (c) or paragraphs 9, 10, 11(1) or (2) of Schedule 13 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Defence of due diligence
     20.  - (1) Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 18 above it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

    (2) Where in any proceedings against any person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due - 

(a) to the act or default of another; or

(b) to reliance on information given by another,

that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.

    (3) A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.

    (4) It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular - 

(a) to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b) to whether he had any reason to disbelieve the information.

Liability of persons other than the principal offender
     21.  - (1) Where the commission by any person of an offence under regulation 18 is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

    (2) Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    (3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

    (4) In this regulation, references to a "body corporate" include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.

Consequential amendments
     22.  - (1) In the Provision and Use of Work Equipment Regulations 1998[16] in Schedule 1 there shall be added at the end of column one the words "The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001" and at the end of column two the words "S.I. 2001/1701".

    (2) In the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999[17], in Schedule 2 there shall be added at the end of column one the words "The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001" and at the end of column two the words "S.I. 2001/1701".


Sainsbury of Turville,
Parliamentary Under-Secretary of State for Science and Innovation, Department of Trade and Industry

3rd May 2001

Regulation 8


(Extract from Article 12)

    

Type of equipment	Net installed power P (in kW) Electric power Pel(1) in kW Mass of appliance m in kg Cutting width L in cm	Permissible sound power level in dB/1 pW
		Stage I as from 3 January 2002	Stage II as from 3 January 2006
Compaction machines (vibrating rollers, vibratory plates, vibratory rammers)	P8 8<P70 P>70	108 109 89 + 11 lg P	105 106 86 + 11 lg P
Tracked dozers, tracked loaders, tracked excavator-loaders	P 55 P> 55	106 87 + 11 lgP	103 84 + 11 lgP
Wheeled dozers, wheeled loaders, wheeled excavator-loaders, dumpers, graders, loader-type landfill compactors, combustion-engine driven counter balanced lift trucks, mobile cranes, compaction machines (non-vibrating rollers), paver-finishers, hydraulic power packs	P55 P>55	104 85 + 11 lgP	101 82 + 11 lgP
Excavators, builders' hoists for the transport of goods, constrction winches, motor hoes	P15 P>15	96 83 + 11 lgP	93 80 + 11 lgP
Hand-held concrete-breakers and picks	m15 15 < m < 30 m≥ 30	107 94 + 11 lgm 96 + 11 lgm	105 92 + 11 lgm 94 + 11 lgm
Tower cranes		98 + lgP	96 + lgP
Welding and power generators	Pel 2 2 <Pel 10 Pel > 10	97 + lg Pel 98 + lgPel 97 + lgPel	95 + lg Pel 96 + lgPel 95 + lgPel
Compressors	P 15 P > 15	99 97 + 2 lgP	97 95 + 2 lgP
Lawnmowers lawn trimmers/lawn edge trimmers	L 50 50 < L 70 70 < L 120 L > 120	96 100 100 105	94(2) 98 98(2) 103(2)

    (1) P_el for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty factor given by the manufacturer

P_el for power generators: prime power according to ISO 8528-1:1993, point 13.3.2

    (2) Indicative figures only. Definitive figures will depend on amendment of the Directive following the report required in Article 20(3). In the absence of any such amendment, the figures for stage I will continue to appy for stage II.

The permissible sound power level shall be rounded to the nearest whole number (less than 0.5 use lower number; greater than or equal to 0.5 use higher number).

     2.2 Test of powered equipment free of load
For these measurements, the engine and hydraulic system of the equipment must be warmed up in accordance with the instructions, and safety requirements must be observed.

The test is carried out with the equipment in a stationary position without operating the working equipment or travelling mechanism. For the purpose of the test, the engine will idle at no less than the rated speed corresponding to the net power[18].

If the machine is powered by a generator or from the mains, the frequency of the supply current, specified for the motor by the manufacturer, shall be stable at ±1 Hz if the machine is equipped with an induction motor, and the supply voltage at ±1% of the rated voltage if the machine is equipped with a commutator motor. The supply voltage is measured at the plug of a non-detachable cable or cord, or at the inlet of the machine if a detachable cable is provided. The waveform of the current supplied from the generator shall be similar to that obtained from the mains.

If the machine is powered by battery, the battery shall be fully charged.

The speed used and the corresponding net power are stated by the manufacturer of the equipment and must appear in the test report.

If the equipment is fitted with several engines, they must work simultaneously during the tests. If this is not possible, each possible combination of engine(s) is to be tested.

     2.3 Test of powered equipment under load
For these measurements, the engine (driving device) and hydraulic system of the equipment must be warmed up in accordance with the instructions, and safety requirements must be observed. No signalling device such as a warning horn or reversing alarm is to be operated during the test.

The speed or velocity of the equipment during the test must be recorded and appear in the test report.

If the equipment is fitted with several engines and/or aggregates they must work simultaneously during the tests. If this is not possible, each possible combination of engine(s) and/or aggregates is to be tested.

For each type of equipment that is to be tested under load, specific operating conditions must be laid down which shall, in principle, produce effects and stresses similar to those encountered under actual working conditions.

     2.4 Test of hand-operated equipment
Conventional operating conditions for each type of hand-operated equipment shall be laid down that produce effects and stresses similar to those undergone under actual working conditions.

     3. Calculation of surface sound pressure level
The surface sound pressure level shall be determined at least three times. If at least two of the determined values do not differ by more than 1 dB, further measurements will not be necessary; otherwise the measurement shall be continued until two values differing by no more than 1 dB are obtained. The A-weighted surface sound pressure level to be used for calculating the sound power level is the arithmetic mean of the two highest values that do not differ by more than 1 dB.

     4. Information to be reported
The A-weighted sound power level of the source under test shall be reported to the nearest whole number (less than 0.5 use the lower number; greater than or equal to 0.5 use the higher number).

The report shall contain the technical data necessary to identify the source under test as well as the noise test code and the acoustical data.

     5. Additional microphone positions on the hemispherical measurement surface (EN ISO 3744:1995)
In addition to clauses 7.2.1 and 7.2.2 of EN ISO 3744:1995 a set of 12 microphones on the hemispherical measurement surface may be used. The location of 12 microphone positions distributed on the surface of a hemisphere of radius r are listed in the form of Cartesian co-ordinates in the following table. The radius r of the hemisphere shall be equal to or greater than twice the largest dimension of the reference parallelepiped. The reference parallelepiped is defined as the smallest possible rectangular parallelepiped just enclosing the equipment (without attachments) and terminating on the reflecting plane. The radius of the hemisphere shall be rounded to the nearest higher of the following values: 4, 10, 16m.

The number (12) of microphones may be reduced to six, but the microphone positions 2, 4, 6, 8, 10 and 12 following the requirements of clause 7.4.2 of EN ISO 3744:1995 have to be used in any case.

Generally the arrangement with six microphone positions on a hemispherical measurement surface has to be used. If there are other specifications laid down in a noise test code in this Directive for a specific equipment, these specifications shall be used.


TABLE Coordinates of the 12 microphone positions

Number of microphone	x/r	y/r	z
1	1	0	1.5m
2	0.7	0.7	1.5m
3	0	1	1.5m
4	-0.7	0.7	1.5m
5	-1	0	1.5m
6	-0.7	-0.7	1.5m
7	0	-1	1.5m
8	0.7	-0.7	1.5m
9	0.65	0.27	0.71r
10	-0.27	0.65	0.71r
11	-0.65	0.27	0.71r
12	0.27	-0.65	0.71r

     6. Environmental correction K_2A
Equipment shall be measured on a reflecting surface of concrete or non-porous asphalt, then the environmental correction K_2A is set to K_2A = 0. If there are other specifications laid down in a noise test code of this Directive for a specific equipment, these specifications shall be used.

(i) If the largest dimension of the reference parallelepiped does not exceed 8m: hemisphere/six microphone positions according to Part A item 5/according to Part A item 5.

(ii) If the largest dimension of the reference parallelepiped exceeds 8m: parallelepiped according to ISO 3744:1995 with measurement distance d = 1m.

Operating conditions during test
Test free of load:

The noise tests shall be carried out according to Part A item 2.2.

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

The period of observation shall at least be 15 seconds.

     1. Aerial access platforms with combustion engine
See No. 0

     2. Brush Cutters


Basic noise emission standard
EN ISO 3744:1995

Test area

ISO 10884:1995

Measurement surface/number of microphone positions/measuring distance

ISO 10884:1995

Operating conditions during test
Test under load

ISO 10884:1995, point 5.3

Period(s) of observation

ISO 10884:1995

     3. Builders' hoists for the transport of goods
See No. 0

The geometrical centre of the engine shall be positioned above the centre of the hemisphere; the lift shall move without load and leave the hemisphere - if necessary - in direction of point 1.

     4. Building site band saw machines


Basic noise emission standard
EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

ISO 7960:1995, Annex J with d = 1m

Operating conditions during test
Test under load

Corresponding to ISO 7960:1995, Annex J (point J2(b) only)

Period of observation

Corresponding to ISO 7960:1995, Annex J

     5. Building site circular saw benches


Basic noise emission standard
EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

ISO 7960:1995, Annex A, measurement distance d = 1m

Operating conditions during test
Test under load

ISO 7960:1995, Annex A (point A2(b) only)

Period of observation

ISO 7960:1995 Annex A

     6. Chain saws, portable


Basic noise emission standard
EN ISO 3744:1995

Test area

ISO 9207:1995

Measurement surface/number of microphone positions/measuring distance

ISO 9207:1995

Operating conditions during test
Test under load/Test free of load

Full load sawing wood/engine at maximum revolution without load

(a) combustion-engine driven: ISO 9207:1995 points 6.3 and 6.4

(b) electric-motor operated: a test corresponding to ISO 9207:1995 point 6.3 and a test with the motor at maximum revolution without load

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 9207:1995 points 6.3 and 6.4

The resulting sound power level L_WA is calculated by:

L_W1 and L_W2 are the average sound power levels of the two different modes of operation defined above

     7. Combined High Pressure Flushers and Suction Vehicles
If it is possible to operate both items of equipment simultaneously, this shall be done according to numbers 26 and 52. If not, they shall be measured separately and the higher values are to be stated.

     8. Compaction Machines

(i) Non-vibrating rollers

See No. 0

(ii) Vibrating rollers for ride-on operators

Basic noise emission standard
EN ISO 3744:1995

Operating conditions during test
Mounting of equipment

The vibrating roller shall be installed on one or more appropriate elastic material(s) such as air-cushion(s). These air-cushions shall be made of a supple material (elastomer or similar) and shall be inflated to a pressure ensuring that the machine is elevated by at least 5 cm; resonance effects shall be avoided. The dimension of the cushion(s) shall be such that the stability of the machine under test is ensured.

Test under load

The machine shall be tested in a stationary position with the engine at rated speed (stated by the manufacturer) and the moving mechanism(s) disconnected. The compacting mechanism shall be operated using the maximum compaction power corresponding to the combination of the highest frequency and the highest possible amplitude for that frequency as declared by the manufacturer.

Period of observation

The period of observation shall be at least 15 seconds.

(iii) Vibratory plates, vibratory rammers, explosive rammers and walk-behind vibrating rollers

Basic noise emission standard
EN ISO 3744:1995

Test area

EN 500-4 rev. 1:1998, Annex C

Operating conditions during test
Test under load

EN 500-4 rev. 1:1998, Annex C

Period of observation

EN 500-4 rev. 1:1998, Annex C

     9. Compressors


Basic noise emission standard
EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

hemisphere/six microphone positions according to Part A item 5/according to Part A item 5

or

parallelepiped according to ISO 3744:1995 with measurement distance d = 1m

Operating conditions during test
Mounting of equipment

The compressors shall be installed on the reflecting plane; skid-mounted compressors shall be placed on a support 0.40 m high, unless otherwise required by the manufacturer's conditions of installation.

Test under load

The compressor under test shall have been warmed up and be operating in stable conditions as for continuous operation. It shall be properly serviced and lubricated as specified by the manufacturer.

The determination of the sound power level shall be made at full-load or in an operating condition that is reproducible and is representative of the noisiest operation of typical usage of the machine under test, whichever is the noisiest.

Should the layout of the complete plant be such that certain components, e.g. inter-coolers are mounted away from the compressor, endeavours shall be made to separate the noise generated from such parts when performing the noise test. Separation of the various noise sources may require special equipment for the attenuation of the noise from these sources during the measurement. The noise characteristics and description of the operating conditions of such parts shall be given separately in the test report.

During test the gas exhausted from the compressor shall be piped clear of the test area. Care shall be taken to ensure the noise generated by the gas being exhausted is at least 10 dB lower than the noise to be measured at all measurement locations (e.g. by the fitting of a silencer).

Care shall be taken that air discharge does not introduce any extra noise due to turbulence at the compressor discharge valve.

Period of observation

The period of observation shall be at least 15 seconds.

     10. Concrete-breakers and picks, hand-held


Basic noise emission standard
EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

Hemisphere/six microphone positions according to Part A item 5 and the following table/according to mass of equipment as given in the following table:

Mass of equipment m in kg	Radius of hemisphere	z for microphone positions 2, 4, 6 and 8
m < 10	2m	0.75m
m ≥ 10	4m	1.50m

Operating conditions during test
Mounting of equipment

All appliances shall be tested in the vertical position.

If the test appliance has got an air exhaust, its axis shall be equidistant from two microphone positions. The noise of the power supply shall not influence the measurement of the noise emission from the tested appliance.

Support of the appliance

The appliance shall be coupled during the test run to a tool embedded in a cube-shaped concrete block placed in a concrete pit, sunk into the ground. An intermediate steel piece may be inserted during tests between the appliance and the support tool. This intermediate piece shall form a stable structure between the appliance and the support tool. Figure 10.1 incorporates these requirements.

Block characteristics

The block shall be in the shape of a cube 0.60 m ±2 mm long at the edge and as regular as possible; it shall be made of reinforced concrete and thoroughly vibrated in layers of up to 0.20 m to avoid excessive sedimentation.

Quality of the concrete

The quality of the concrete shall correspond to C 50/60 of ENV 206.

The cube shall be reinforced by 8 mm-diameter steel rods without ties, each rod being independent of the other; the design concept is illustrated in figure 10.2.

Supporting tool

The tool shall be sealed into the block and shall consist of a rammer of no less than 178 mm or no more than 220 mm diameter and a tool chuck component identical to that normally used with the appliance being tested and complying with ISO 1180:1983, but sufficiently long to enable the practical test to be carried out.

Suitable treatment shall be carried out to integrate the two components. The tool shall be fixed in the block so that the bottom of the rammer is 0.30 m from the upper face of the block (see Figure 10.2).

The block shall remain mechanically sound, particularly at the point where the supporting tool and the concrete meet. Before and after each test, it shall be established that the tool sealed in the concrete block is integrated with it.

Positioning of the cube

The cube shall be set in a pit cemented throughout, covered by a screening slab of at least 100 kg/m², as indicated in Figure 10.3, so that the upper surface of the screening slab is flush with the ground. To avoid any parasitic noise, the block shall be insulated against the bottom and sides of the pit by elastic blocks, the cut-off frequency of which shall not be more than half the striking rate of the appliance tested, expressed as strokes per second.

The opening in the screening slab through which the tool chuck component passes shall be as small as possible and sealed by a flexible sound-proof joint.

Test under load

The appliance tested shall be connected to the supporting tool.

The test appliance shall be operated in stable conditions having the same acoustical stability as in normal service.

The test appliance shall be operated at the maximum power specified in the instructions supplied to the purchaser.

Period of observation

The period of observation shall at least be 15 seconds.

(i) For machines conveying and spraying concrete:

The conveying system and the pipe shall be filled with a medium similar to concrete, the cement being replaced by an admixture e.g. finest ash. The machine shall operate at its maximum output, the period of one working cycle being not more than five seconds (if this period is exceeded, water shall be added to the "concrete" in order to reach this value).

(ii) For machines conveying and spraying mortar:

The conveying system and the pipe shall be filled with a medium similar to finishing mortar, the cement being replaced by an admixture, e.g. methyl cellulose. The machine shall operate at its maximum output, the period of one working cycle being not more than five seconds (if this period is exceeded, water shall be added to the "mortar" in order to reach this value).

Period of observation

The period of observation shall at least be 15 seconds.

     14. Conveyor Belts
See No. 0

The geometrical centre of the engine shall be positioned above the centre of the hemisphere; the belt shall move without load and leave the hemisphere, if necessary, in the direction of point 1.

     15. Cooling equipment on vehicles


Basic noise emission standard
EN ISO 3744:1995

Operating conditions during test
Test under load

The cooling equipment shall be installed in a real or simulated cargo space and be tested in a stationary position where the height of the cooling equipment shall be representative of the intended installation requirements according to the instructions supplied to the purchaser. The power source of the cooling equipment shall operate at the rate that causes the maximum speed of the cooling compressor and the fan specified in the instructions. If the cooling equipment is intended to be powered by the driving engine of the vehicle the engine shall not be used during the test and the cooling equipment shall be connected to a suitable electrical power source. Removable tractor units shall be removed during the test.

Cooling equipment installed in cargo-space refrigeration units which have a choice of different power sources shall be tested separately for each power source. The test result reported shall as a minimum reflect the mode of operation which leads to the maximum noise output.

Period of observation

The period of observation shall be at least 15 seconds.

     16. Dozers


Basic noise emission standard
EN ISO 3744:1995

Test area

ISO 6395:1988

Measurement surface/number of microphone positions/measuring distance

ISO 6395:1988

Operating conditions during test
Mounting of equipment

Crawler dozers shall be tested on the test site corresponding to point 6.3.3 of ISO 6395:1988

Test under load

ISO 6395:1988, Annex B

Period(s) of observation and consideration of different operating conditions, if any

ISO 6395:1988, Annex B

     17. Drill rigs


Basic noise emission standard
EN ISO 3744:1995

Operating conditions during test
Test under load

EN 791:1995, Annex A

Period of observation

The period of observation shall at least be 15 seconds.

     18. Dumpers


Basic noise emission standard
EN ISO 3744:1995

Test area

ISO 6395:1988

Measurement surface/number of microphone positions/measuring distance

ISO 6395:1988

Operating conditions during test
Test under load

Equivalent ISO 6395:1988, Annex C, with the following amendment:

C4.3, second paragraph is replaced by:

" The engine shall be operated at its maximum governed speed (high idle). The transmission control shall be set to neutral. Bring the bucket to the tipped position (emptying) up to about 75% of its maximum movement and return it to its travelling position three times. This sequence of events is considered to be a single cycle for the stationary hydraulic mode.

If no engine power is used to tip the bucket, the engine shall be operated at idling speed with the transmission in neutral. The measurement shall be performed without tipping the bucket, the period of observation shall be 15 seconds."

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 6395:1988, Annex C

     19. Equipment for loading and unloading tanks or silos on trucks


Basic noise emission standard
EN ISO 3744:1995

Operating conditions during test
Test under load

The equipment shall be tested with the truck in a stationary position. The engine driving the equipment shall operate at the speed that causes the maximum output of the equipment specified in the instructions supplied to the purchaser.

Period of observation

The period of observation shall at least be 15 seconds.

     20. Excavators


Basic noise emission standard
EN ISO 3744:1995

Test area

ISO 6395:1988

Measurement surface/number of microphone positions/measuring distance

ISO 6395:1988

Operating conditions during test
Test under load

ISO 6395:1988, Annex A

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 6395:1988, Annex A

     21. Excavator-loaders


Basic noise emission standard
EN ISO 3744:1995

Test area

ISO 6395:1988

Measurement surface/number of microphone positions/measuring distance

ISO 6395:1988

Operating conditions during test
Test under load

ISO 6395:1988, Annex D

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 6395:1988, Annex D

     22. Glass recycling containers


Basic noise emission standard
EN ISO 3744:1995

For the purpose of this noise test code the single-event sound pressure level L_pls as defined in EN ISO 3744:1995 point 3.2.2 is used in measuring the sound pressure level at the microphone positions.

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurements indoors

The value of the constant K_2A, determined in accordance with Annex A of EN ISO 3744:1995, shall be 2.0 dB in which case K_2A shall be disregarded.

Operating conditions during test
The noise measurement shall be carried out during a complete cycle beginning with the empty container and completed when 120 bottles have been thrown into the container.

The glass bottles are defined as follows:

     - capacity: 75cl

     - mass: 370 ±30 g.

The testing operator holds each bottle by its neck and with its bottom towards the filling aperture and then he pushes it gently inside through the filling aperture in the direction of the centre of the container, avoiding if possible the bottle hitting against the walls. Only one filling aperture is used for throwing the bottles and it is the one nearest to microphone position 12.

Period(s) of observation/determination of resulting sound power if more than one operating condition is used

The A-weighted single-event sound pressure level is preferably simultaneously measured at the six microphone positions for each bottle thrown into the container.

The A-weighted single-event sound power level averaged over the measurement surface is calculated according to EN ISO 3744:1995, point 8.1.

The A-weighted single-event sound pressure level averaged over all 120 throwings of bottles is calculated as the logarithmic mean of the A-weighted single-event sound pressure levels averaged over the measurement surface.

     23. Graders


Basic noise emission standard
EN ISO 3744:1995

Test area

ISO 6395:1988

Measurement surface/number of microphone positions/measuring distance

ISO 6395:1988

Operating conditions during test
Test under load

Corresponding to ISO 6395:1988, Annex B

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 6395:1988, Annex B

     24. Grass trimmers/grass edge trimmers
See No. 2

The trimmer shall be positioned by a suitable device in such a way that its cutting device is above the centre of the hemisphere. For grass trimmers, the centre of the cutting device shall be held at a distance of about 50 mm above the surface. In order to accommodate the cutting blades, grass edge trimmers should be positioned as close as possible to the test surface.

     25. Hedge trimmers


Basic noise emission standard
EN ISO 3744:1995

Test area

ISO 11094:1991

in case of dispute, measurements shall be carried out in the open air on the artificial surface (point 4.1.2 to ISO 11094:1991)

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurements indoors

The value of the constant K_2A, determined without the artificial surface and in accordance with Annex A of EN ISO 3744:1995, shall be 2.0 dB, in which case K_2A shall be disregarded.

Measurement surface/number of microphone positions/measuring distance

ISO 11094:1991

Operating conditions during test
Mounting of equipment

The hedge trimmer shall be held in the natural manner for normal use either by a person or by a suitable device in such a way that its cutting device is above the centre of the hemisphere.

Test under load

The hedge clipper shall be operated at its nominal speed with the cutting device working.

Period of observation

The period of observation shall at least be 15 seconds.

     26. High pressure flushers


Basic noise emission standard
EN ISO 3744:1995

Operating conditions during test
Test under load

The high pressure flusher shall be tested in a stationary position. The engine and auxiliary units operate at the speed provided by the manufacturer for the operation of the working equipment; the high pressure pump(s) is (are) operating at its (their) maximum speed and operating pressure provided by the manufacturer. Using an adapted nozzle the pressure reduction valve shall be just on the point of reacting. The flow noise of the nozzle shall not have any influence on the results of the measurements.

Period of observation

The period of observation shall at least be 30 seconds.

     27. High pressure water jet machines


Basic noise emission standard
EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

Parallelepiped/according to EN ISO 3744:1995 with measurement distance d = 1m

Operating conditions during test
Mounting of equipment

The high pressure water jet machine shall be installed on the reflecting plane; skid-mounted machines shall be placed on a support 0.40m high, unless otherwise required by the manufacturer's conditions of installation.

Test under load

The high-pressure cleaning machine shall be brought to its steady-state within the range specified by the manufacturer. During testing the nozzle shall be coupled to the high-pressure cleaning machine that causes the highest pressure if used according to the manufacturer's instructions.

Period of observation

The period of observation shall at least be 15 seconds.

     28. Hydraulic hammers


Basic noise emission standard
EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

Hemisphere/six microphone positions according to Part A, item 5/r=10 m

Operating conditions during tests
Mounting of the equipment

For the test the hammer is attached to a carrier and a special test block structure shall be used. Figure 28.1 gives the characteristics of this structure and Figure 28.2 shows the position of the carrier.

Carrier

The carrier for the test hammer shall meet the requirements of the test hammer's technical specifications especially in weight range, hydraulic output power, supply oil flow and return line back pressure.

Mounting

Mechanical mounting as well as connections (hoses, pipes ...) must correspond to specifications given in the hammer's technical data. All significant noise caused by pipes and various mechanical components needed for installation, ought to be eliminated. All component connections have to be well tightened.

Hammer stability and static hold force

The hammer shall be firmly held down by the carrier in order to give the same stability as that existing under normal operating conditions. The hammer must be operated in an upright position.

Tool

A blunt tool shall be used in the measurements. The length of the tool must meet the requirements given in Figure 28.1 (test block).

Test under load

Hydraulic input and power and oil flow

Operating conditions of the hydraulic hammer shall be appropriately adjusted, measured and reported along with the corresponding technical specification value. The hammer under test must be used in such a way that 90% or more of the maximum hydraulic input power and oil flow of the hammer can be reached.

Care shall be taken that the total uncertainty of the measurement chains of p_s and Q is kept within ±5%. This assures the hydraulic input power determination within ±10% accuracy. Assuming linear correlation between hydraulic input power and emitted sound power this would mean variation of less than ±0.4 dB in the determination of the sound power level.

Adjustable components having effect on the hammer power

Pre-settings of all accumulators, pressure central valves and other possible adjustable components must meet the values given in technical data. If more than one fixed impact rate is optional, measurements have to be made using all settings. Minimum and maximum values are presented.

Quantities to be measured

p_s The mean value of the hydraulic supply fine pressure during the hammer's operation including at least 10 blows.

Q The mean value of the breaker inlet oil flow measured simultaneously with p_s.

T The oil temperature must lie between + 40/+ 60° C during measurements. The temperature of the hydraulic breaker body must have been stabilised to normal operating temperature before starting the measurements.

P_a The prefill gas pressure of all accumulators must be measured in static situation (breaker not operating) at stable ambient temperature of + 15/+ 25° C. The measured ambient temperature shall be recorded with the measured accumulator prefill gas pressure.

Parameters to be evaluated from the measured operating parameters:

     P_IN Hydraulic input power of the breaker P_IN = p_s.Q Hydraulic supply line pressure measurement, ps

     - p_s must be measured as close to the breaker IN-port as possible.

     - p_s shall be measured with a pressure gauge (minimum diameter: 100 mm; accuracy class ±1.0% FSO).

Breaker inlet oil flow, Q

     - Q must be measured from the supply pressure line as close to the breaker IN-port as possible.

     - Q must be measured with an electric flowmeter (accuracy class ±2.5% of the flow reading).

Measuring point of the oil temperature, T

     - T must be measured from the oil tank of the carrier or from the hydraulic line connected to the hammer. Measuring point shall be specified in the report.

     - accuracy of the temperature reading must lie within ±2° C of the actual value.

Period of observation/determination of resulting sound power level

The period of observation shall be at least 15 seconds.

The measurements are repeated three times, or more if necessary. The final result is calculated as the arithmetic mean of the two highest values that do not differ by more than 1 dB.