is legal for a Big Companny Sell Second Hand Machinary...

[andycorleone]

Hi, is legal for a Big Companny Sell Second Hand Machinary without EU regulation? , For example a Table saw with out brake.

 

[Ironballs]

Don't know, it may be. If it's for domestic use then is it exempt from some of the EU rules? Do they differentiate between one man outfits and those with employees?

 

[gardenshed]

You can buy any used machine from whoever in what ever state of functionality it has or not as the case maybe.

It is up to you the user/owner (if using as a business) to use it within the current regulations. If it's for home/hobby use then it's up to you to decide if it needs any modifications etc.

 

[CWatters]

Just found...

http://www.engineeringtalk.com/news/abc/abc105.html

Says..

Under the new PUWER (Provision of Use of Work Equipment Regulation 98 ) legislation all new woodworking equipment must already be equipped with an automatic brake that stops the tool in a sufficiently short time.

From December 2003 or 2005 (depending on the exact type of equipment) this standard will be extended to include second-hand and existing machinery already in use.

http://www.opsi.gov.uk/si/si1998/19982306.htm

I haven't looked at the details yet.
_________________

 

[CWatters]

It would appear GS is correct. Businesses are not allowed to use non-compliant equipment after 2002 but I can't see any rule that stops them selling it to businesses or DIY users unmodified.

Section 5 says..

(5) The requirements imposed by these Regulations shall not apply to a person in respect of work equipment supplied by him by way of sale, agreement for sale or hire-purchase agreement.

The regs cover use by self employed and "person who has control to any extent of - (i) work equipment;" ... presumably that includes people borrowing equipment from their employer for home use etc.

 

[greggy]

andy, THE SIMPLE ANSWER IS NO.

 

[gardenshed]

andy, THE SIMPLE ANSWER IS NO.

And your reply to the question is based on ...............?. I'm intrigued.

 

[hpl]

All I know is that second hand machinery dealers sell, and have been selling for a long while, machinery that does not meet the regulations, it is usually cheaper than the equipment that does meet the requirements, but that doesn't seem to stop them being able to sell it. I believe the responsibility is for the buyer to make sure that it meets the regulations before using it. Check out someone like Scott & Sargent, they are one of the larger companies selling such things.

Johnny B

 

[greggy]

gardenshed, your reply is spot on and correct, i appolygise for the wrong answer, i had a senior moment. its up to the buyer to make sure it conforms with eu regs.