Decree No. 38 / 1990 Coll.
Ordinance of the Federal Ministry of Transport laying down certain conditions to ensure safe and smooth operation of lifting equipment for handling ISO series containers
Valid
Effective from 01.10.1990
38
DECLARATION
Federal Ministry of Transport
of 8 February 1990
laying down certain conditions to ensure the safe and smooth operation of lifting devices for the handling of ISO 11 containers)
In agreement with the competent central authorities, the Federal Ministry of Transport provides, pursuant to § 29 of Act No. 51 / 1964 Coll., on Railways:
Preliminary provisions
(1) For the purposes of this Decree, motor-driven special-purpose lifting devices on tyres - lift wagons for handling containers, container cranes, loaders and container translators equipped with a suspension frame or suspension ropes for hanging containers shall be regarded as being motor-driven by special lifting devices on tyres - lifting vans for handling containers, container cranes, loaders and container translators for charging holes (hereinafter referred to as "hoists') .2).
(2) For the purposes of this decree, the operator of the lifting device shall mean the owner of the lifting device or organisation which has the right to operate on the lifting device.
This decree applies to the operator of the lifting device when the lifting device is used in the circuit of the track and serves the operation of drah.3)
Documentation of lifting equipment
(1) The operator of the lifting equipment must have, for each lifting equipment4) operational documentation, documents, tests and accompanying technical documentation in Czech or Slovak; the scope of the documentation and documents shall be determined by specific rules. 5)
(2) The technical documentation of each type of lifting device or of the reconstructed lifting device must be assessed by the authority of the state technical surveillance on the routes.
(3) Following the examination of the technical documentation, the authority of the national technical supervision on the railways shall issue a "Technical Opinion." In the manufacture or reconstruction of other pieces of lifting equipment of the same type and the design for which a "Technical Opinion 'has been issued, the technical documentation shall not be submitted for assessment.
(4) The lifting device, the documentation of which has not been submitted to the national technical surveillance authority for assessment, shall not be used within the track perimeter.
Verification of the capability of lifting equipment
(1) The operator of each new lifting device must ensure that, before putting into service (6), the lifting device is capable of being tested by the national technical surveillance authority on the runway (7) by an official examination.
(2) The operator of each reconstructed lifting device must ensure that it is capable of being tested by a national technical surveillance authority on the runway prior to the use of the lifting device (7).
(3) In order to ensure safe operation, the operator shall ensure that the lifting equipment is checked within the specified time limits by inspection and revision tests.
(4) After repair, replacement of carrier parts or dismantling and retrofitting of lifting equipment, the operator or repair organisation shall check the correct functioning.
(5) Where the operator of the lifting equipment leaves it to another legal or natural person, that user shall be subject to the obligations of the operator referred to in paragraphs 2, 3 and 4, unless otherwise specified in the contract.
(6) The scope and manner of carrying out official, control and revision tests are laid down in a technical standard. 8)
Obligations of the lift operator
(1) The operator of the lifting device shall also:
(a) to register the new lifting equipment before it is put into service for registration to the competent authority of the state technical supervision of the runway (9) and, on decommissioning or in the transfer of the right to manage or transfer ownership, to withdraw it from the register and to specify it annually;
(b) issue guidelines for the operation, maintenance, repair, inspection and testing of lifting equipment and the required qualification and verification of personnel;
(c) submit to the national technical surveillance authority before 15 December of each year a timetable for the checks and revisions for the following year;
(d) ensure the performance of the review activities of personnel with a certificate of professional competence issued by a national technical surveillance authority on railways;
(e) to instruct in writing the staff responsible for the safe, reliable and economical operation of the lifting equipment and its technical condition, operational inspections and review tests;
(f) identify authorised personnel for the service of lifting equipment and ensure the professional and medical competence of personnel involved in the operation, operation and maintenance of lifting equipment, their regular instruction (training) and verification of expertise;
(g) to ensure the professional performance of maintenance and repair of lifting equipment in accordance with the manufacturer's instructions and technical documentation;
(h) properly prepare lifting appliances for inspection and testing, including auxiliary technical equipment and test loads;
(i) participate in the examinations, cooperate with the national technical surveillance authorities on the railways and implement their binding guidelines or decisions within the time limits set;
(j) to notify without delay to the competent authority of the state technical surveillance on routes of failure, accident and accidents occurring within the perimeter of the runway in connection with the operation of the lifting device.
(2) Where the operator of the lifting equipment leaves it to another legal or natural person, that user shall be subject to the obligations of the operator referred to in paragraph 1 (c) to (j), unless otherwise specified in the contract.
Final provisions
The conditions for ensuring the safe and smooth operation of lifting equipment with which the Czechoslovak People's Army has the right to manage are laid down in specific regulations.
This Decree shall take effect on 1 October 1990.
Minister:
Ing. Podlen v. r.
1) Containers in international transport meeting the requirements of the International Organisation for Standardisation standards.
2) Paragraph 1 (d) (1) and (3) of Decree of the Federal Ministry of Transport No 61 / 1982 Coll., on designated technical installations.
3) § 20 (3) (a) and (b) of Act No. 51 / 1964 Coll., on Railways, as amended by Act No. 104 / 1974 Coll. § 2 (1) and (2) of Decree No. 61 / 1982 Coll.
4) The imported lifting equipment is subject to Federal Ministry of Transport Decree No. 8 / 1987 Coll., on the eligibility of imported cableway installations and other technical installations.
5) Paragraph 35 (2) of the General Conditions for the Supply of Goods between the Organisations of the Member States of the RVHP (Decree of the Minister of Foreign Affairs No. 101 / 1989 Coll.). Clause 27 0008. Provisional Directive for the performance of state technical safety oversight of lift wagons for the handling of ISO series 1 containers - published in Transport Bulletin No 7 / 1986.
6) Lifting equipment must comply with the relevant provisions of Decree No. 41 / 1984 Coll., as appropriate, according to the type of vehicle.
7) Paragraph 20 (3) (a) of Law No 51 / 1964, as amended by Act No 104 / 1974 Coll.
8) ČSN 27 0142.
9) Article 6 (5) of Act No. 68 / 1989 Coll., on the organisation of CSDs.
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Regulation Information
| Citation | Federal Ministry of Transport Decree No. 38 / 1990 Coll., laying down certain conditions to ensure safe and smooth operation of lifting equipment for handling ISO series containers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.02.1990 |
|---|---|
| Effective from | 01.10.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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