Regulations on testing, inspection, approval and maintenance, etc. of containers.


Date FOR 1984-04-02-827


Ministry of Industry and Ministry of Fisheries


Published In 1984 s 263


Commencement 01/05/1984

Edited
FOR-2002-06-04-1082

Changes


For
Norway

Legal

LOV-1982-12-17-84-§1 LOV-1982-12-17-84-§3, LOV-1982-12-17-84-section 6, LAW-1982-12-17- 84 § 7, LOV-1982-12-17-84-§9, LOV-1982-12-17-84-§10, FOR-1982-12-17-1743, FOR-1983-11-11-1606 FOR-1983-11-17-4271

Promulgated


Short Title
Regulation on testing etc. of containers

Established by NMD 2. April 1984 pursuant to the Act of 17 December 1982 No.. 84 of secure containers § 1 subsection, § 3, § 6, § 7, § 9 and § 10; see. Royal Decree . of 17 December 1982 No.. 1743, Kronprinsreg.res. of 11 November 1983 no. 1606 Delegated Decision of 17 November 1983 no. 4271. Amended June 4, 2002 No.. 1082 (published in its entirety after the changes).

§ 1. Scope
(1) This regulation applies to new and existing containers used in transport performed to or from Norway or in transit through Norway and Norwegian ships abroad, unless otherwise stated in the individual decisions.

(2) For the testing, inspection, approval and maintenance etc. of containers by this regulation applies the requirements and procedures at any time stated in the Container Convention. The provisions of this regulation do not apply to containers specially designed for air transport.

(3) Containers that do not fall under this regulation may fall under the regulations of 17 January 1978 no. 4 regarding cargo-handling appliances on ships (included in the "Rules for passenger and cargo vessels, etc." issued by NMD) or regulation of 7 March 1974 No.. 1 on lifting appliances and lifting gear (order no. 291 issued and enforced by DLI).

§ 2. Definitions In this Regulation:

A)

Container Convention: the International Convention for Safe Containers of 1972 and its annexes and subsequent amendments.

B)

Container: transportation equipment:

1.
Of a permanent character and sufficient strength to be suitable for use,

2.
Specially designed to facilitate the transport of goods, for one or more modes of transport, without transhipment,

3.
Designed for hedging and / or easy handling, with corner fittings for these purposes, and

4.
Of such a size that the area within the four bottom corners is either at least 14 square meters (150 square feet) or, if it is mounted corner fittings on top, at least 7 square meters (75 square feet).

C)

Container Type: The type design approved by the Norwegian Maritime Directorate or whoever is authorized.

D)

Owner: Owner in accordance with the prevailing legislation, or rents or the depositary, if an agreement between owner and tenant / -Deposit giving access to the exercise of the owner's duty to maintenance and inspection of the container by renting or depository.

E)

Existing container: Container not a new container.

F)

G: gravitational acceleration

G)

Approval: Decision of NMD or whoever is authorized that a design type or a container is safe under this regulation.

H)

Approved: Approved by the Norwegian Maritime Directorate or whoever is authorized.

I)

Corner fitting: An arrangement of apertures and faces at the top and bottom of a container for use in handling, stacking and securing.

J)

Download: Products, goods, products and objects of any kind transported in a container.

K)

Maximum gross weight use or "Rating", or R: Maximum permissible total weight of a container and its cargo.

L)

Maximum permissible payload or P: The difference between the maximum gross weight use, or "Rating" (R) and wrapping.

M)

New container Container whose fabrication was commenced on or after the date on which this regulation enters into force.

N)

Prototype: Container representative of those that are fabricated or to be fabricated of a type series.

O)

Tara: The weight of an empty container including permanently installed accessories.

P)

Type series Container: any container prepared according to the container type.

§ 3. Exemptions
(1), in individual cases NMD upon written application, deviate from the regulations. Special reasons that make the exemption necessary and exemption must be done safely. Exemptions must not contravene international agreements to which Norway has acceded.

(2) The authorized institution may, in consultation with NMD allow exemptions, etc. as mentioned in the first paragraph.

§ 4. Safety Approval Signs

(1) A safety approval plate corresponding to the specifications in the Container Convention shall be permanently affixed to every approved container at a readily visible place, adjacent any other approval plate issued for public purposes, which are not readily susceptible to damage.

(2) The sign shall contain the following information at least in English or French:

A)
"CSC SAFETY APPROVAL" - "CSC SAFETY APPROVAL"

B)
The country which has granted approval and the approval reference.

C)
Manufacture date (month and year).

D)
The manufacturer identification number of the container, or, for existing containers that this number is unknown, of the same number as NMD or whoever is authorized awarded it.

E)
Maximum gross use weight (kg and lbs).

F)
Allowable stacking weight for 1.8 g (kg and lbs).

G)
Test loads for resistance to transverse forces (kg and lbs).

H)
On each container for which construction commenced after 1 January 1984 must under the heading "maximum gross weight" on the safety approval plate be filled with information about the maximum gross weight.

I)
On each container for which construction commenced before 1 January 1984 should the heading "maximum gross weight" on the safety approval plate be filled with information about the maximum gross weight by 1 January 1989.

(3) The open field should be reserved on the plate for insertion of the end and / or side walls strength value (factors) in accordance with the tests prescribed in Container Convention. An open field should also be reserved on the plate for dates for maintenance inspection (month and year) if plate used for this.

(4) When NMD or whoever is authorized considers that a new container satisfies the requirements of the Container Convention with regard to safety and if, for such container, the end and / or side walls are constructed with a safety value (factor) greater or less than that specified in the Container Convention, this value is noted on the safety approval plate.

(5) That a safety approval plate in accordance with this paragraph is attached to the container does not imply the need to display markings or other information required under other applicable rules / regulations will lapse.

§ 5. Maintenance and internal control
(1) The owner of the container shall ensure that it is maintained in safe condition.

(2) The owner of an approved container shall check it or leave it checked according to the procedure prescribed or approved by the Norwegian Maritime Directorate or whoever is authorized, at appropriate intervals, taking into account the conditions of use. Each control shall be such that it is determined whether the container has errors or omissions that may entail personal risk.

(3) For new approved containers, the first internal inspections take place within 5 years from date of manufacture and secondly by a maximum of 30 months. Date of first internal inspection after approval must be indicated on the safety approval plate.

(4) For existing containers approved according to § 9 of this regulation, the first internal inspections take place within 30 months from the approval date.

(5) Date of subsequent separate controls for second and third paragraphs shall be indicated on the safety approval plate or as close to that as possible.

(6) There shall be kept of the performed self-monitoring. This Protocol shall specify the time and place of control, who has undertaken the control and any defects that are found. The minutes shall be the owner kept for five years.

§ 6. Application for approval
(1) A written application for approval of container to be sent NMD or whoever is authorized.

(2) When applying for approval must be submitted drawings and design specifications of the type of container which approval is sought. It should also be attached to the application a statement from the manufacturer that he assume the obligations mentioned in § 7, paragraph a - f.

(3) Upon application for approval of existing containers shall be submitted the following information:

A)
fabrication date and place;

B)
manufacturer identification number of the container if available;

C)
maximum gross weight use;

D)
following evidence:

1.
Evidence that a container of this type has proven safe to use in maritime and / or inland transport for a period of at least two years, or

2.
Evidence to the Norwegian Maritime Directorate or whoever is authorized satisfaction that the container is fabricated by a type of construction that has been tested and found to comply with the technical conditions specified in the Container Convention with the exception of those technical conditions relating to tests of strength for wall or sidewall, or


3.
Evidence that the container is made according to standards that, by NMD or whoever is authorized perception, were equivalent to the technical conditions specified in the Container Convention with the exception of the technical conditions applicable strength tests end wall or side wall;

E)
Allowed stacking weight for 1.8 g (kilograms and lbs); and

F)
such other data as required for safety approval plate.

§ 7. Type approval - new containers
(1) For approval of containers shall NMD or whoever is authorized by examining the structure and witness the testing of prototype according to the rules specified in the Container Convention. If the container meets the requirements specified in the Convention, approved prototype, and the manufacturer will thus entitled to attach safety approval plate on all containers of this type of series.

(2) In connection with approval the manufacturer commits to:

A)
make available to the Norwegian Maritime Directorate or whoever is authorized by the containers of the particular type of construction as it may wish to examine;

B)
notify NMD or whoever is authorized about any changes in the design or specification and await approval of the amendment before safety approval plate attached to the container;

C)
fasten safety approval plate on each container in the type series and not on someone else;

D)
keep a list of containers manufactured to the approved design type. This record shall at least contain the manufacturer's identification number, delivery dates and names and addresses of the customers that containers are delivered to;

E)
establish an approved internal production control to ensure that the containers fabricated in accordance with the approved prototype;

F)
notify NMD or whoever is authorized before the production of a new series of type-approved containers begins.

(3) The Norwegian Maritime Directorate or whoever is authorized to approve containers manufactured as modifications of container types if the person gives approval is satisfied that the modifications does not affect the validity of the tests conducted in connection with the type approval.

(4) In order to ensure that containers of the same type series are manufactured to the approved design, the Norwegian Maritime Directorate or whoever is authorized inspect or test as many units as deemed necessary, at any stage during the fabrication of the type series.

§ 8 Individual Approval of new containers
(1) Individual Approval of the container can be provided when NMD or whoever is authorized by surveys and tests, finds that the container meets the requirements of construction, strength, etc. Container according to convention.

(2) When approval is granted, the applicant may attach safety approval plate on the appropriate container.

§ 9. Approval of existing containers
(1) Approval of existing containers provided when NMD or whoever it authorizes have examined the material submitted in accordance with § 6, third paragraph and found this satisfactory.

(2) When the applicant has received written notification from the Norwegian Maritime Directorate or whoever is authorized by that approval is given and it is conducted checks in accordance with § 5, the safety approval plate fixed to the container.

(3) Existing containers which can not be given approval under subsection can be presented for approval under the provisions of § 7 or § 8 of these Regulations. For such containers the requirements of Container Convention regarding strength tests end and / or side walls not apply. NMD or whoever is authorized may, if it is convinced that the respective containers have been used, waive such requirements with regard to the presentation of drawings and testing as it deems appropriate, except lifting and floor strength tests.

§ 10. Control and effect of defects in container
(1) Approved containers are in Norway subject to control by officers duly authorized thereto. Control of containers approved by or on behalf of another state which is a member of the Container Convention, shall be limited to ascertaining that the container carries a valid safety approval plate such Container Convention requires, unless there are substantial grounds for believing that the container's condition is such that it constitutes an obvious security risk. In that case the officer carrying out the control perform this to the extent deemed necessary to ensure that the container is brought into a safe condition before it is used on.


(2) If it appears that an approved container does not satisfy the requirements of the Container Convention, the Norwegian Maritime Directorate or whoever is authorized to give the prohibition on the use of the container until it is brought into compliance with these requirements and possibly withdraw the approval. Norwegian supervisory authority may withdraw approval given by the Norwegian authorities.

(3) If a container approved by or on behalf of another state is in such condition that it poses an obvious security risk, and there is reason to assume that the fault existed when the container was approved, the authority which has granted approval notified.

(4) Prohibition on the use of unsafe container should be directed to the person responsible for the container state, and possibly to that in each case the disposal of the container.

§ 11. Penalties Deliberate or negligent violation of these regulations is punishable by fines or imprisonment up to three months in accordance with the Act of 17 December 1982 No.. 84 of secure containers § 9, unless more severe penalty is applicable in accordance to other statutory provision.

§ 12. Commencement
(1) This Regulation shall enter into force on 1 May 1984.

(2) New containers shall satisfy the requirements of this Directive before 13 September 1984.

(3) Existing containers shall satisfy the requirements of this regulation by 1 January 1985.