Frontal Protection Systems
An Introduction to Frontal Protection Systems...
UK
Exctracted from a presentation given by the DfT the following existing UK laws affect the use of non approved FPS's.
A synopsis of this is that is illegal to sell, fit or use a vehicle on public roads with a non approved FPS in the UK under 3 acts, road traffic act 1988, road vehicle construction and use 1986 and general product safety regulations 2005.
- Road Traffic act 1988 section 41, A person who uses or allows to be used a motor vehicle which does not comply with these regulations is guilty of an offence (non approved FPS's do not comply):
- Section 75, no person shall supply a motor vehicle or alter a vehicle in an unroadworthy condition, unroadworthy means use on a road would be in contravention of section 41 (non approved FPS's contravene section 41)
- Section 76, if a person supplies a part, or fits a part such that it fails to comply with section 41 they are guilty of an offence (non approved FPS's do not comply).
- The Road Vehicle Construction and use 1986 regulation 100, a motor vehicle and all its accessories will at all times be kept in a condition so that no danger is caused to any person in or on a vehicle or on the road: Non apprved bull bars and FPS's are considered to be unsafe and therefore cause a danger to persons on the road.
Key Dates, 25th May 2007, FPS permitted for sale IF AND ONLY IF they are approved.
General Product Safety Regulations, This requires all products placed on the market to be safe. FPS's approved to the directive are considered to be safe. In the UK the General Product safety regulations have been cited by the UK Government as controlling the sale of FPS's. this means that it is not the Department for Transport (DfT) which is responsible for any prosecutions under the General safety regulations, it is the Trading Standards office. We also know that according to General Product Safety Regulations, the maximum penalties for transgression are £20,000 fine and or 12 months in prison.
In addition to these CURRENT UK laws 2007/46/EC Regulation, combines 2003/102/EC and 2005/66/EC, the key difference is that regulation is automatic mandatory and does not reuqire local adoption, i.e. becomes law in every member state simultaneously. Due introduction June 2008.
New Corporate Manslaughter Laws come into force in the UK in 2008 which change the way that Companies can be prosecuted. Instead of the controlling mind, the company itself can be prosecuted for its faillings if a death is caused by its actions (or inaction). This includes supply of parts which are known to present a danger to persons, and fines can be unlimited. As such, dealers supplying a non approved product which is proven to be contributary to a death, could face far more serious consequences than a breach of General Product Safety Regulations.
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