Sir,
May I congratulate you on your excellent article relating to the
Provision and Use of Work Equipment Regulations 1998 (CJ 9
September). This is obviously an extremely important matter with
profound implications for the Plant Hire Industry.
I understand that there are problems of interpretation regarding
the word "new" in the European Directive upon which these
regulations are based. The word "new" after a certain date
apparently includes "hired" after that date. For all the reasons
that you have given it would seem sensible to allow the
transitional period to be the same for all existing equipment,
whoever owns it. If a four year transitional period is acceptable
for owned equipment, surely it would be acceptable for hired
equipment as well.
Everybody would agree that there is merit in improving site safety,
but there are serious anomalies which must be sorted out before the
regulations come into effect later in the year.
I would suggest that those affected should write to the Minister
and their MPs immediately, to point this out and at the same time
to raise the matter with the Chairman of the Select Committee on
the Statutory Instruments. This is because in matters of drafting
and procedure, including any possible hybridity it may yet be
possible to arrive at a satisfactory conclusion.
It will probably be impossible to comply with the proposed
regulations as there is no way that sufficient ROPS frames can be
manufactured and fitted in time.
Bill Cash MP
Member of Parliament for Stone