Product Liability

Safety Factors
CE marking
Recreational Craft Directive

MATS231 lecture 7
MST326 lecture 9
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Product Liability
• every manufacturer has a responsibility
for damage and injuries that a product
causes to people and property
• this responsibility may be transferred to
the importer
• the liability may lead to payments for
damages or other legal consequences

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Product Liability
• the product should be systematically
and carefully scrutinised to determine
what damage it may cause
• documentation of product development
in respect of safety is important
• insurance companies will demand this
documentation before covering the risk

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Product Liability
• before PLA: those affected had to
prove that the damage had been
caused by negligence on behalf of the
manufacturer or distributor
• now: the burden of proof is on the
manufacturer to demonstrate product
safety considerations were integrated
into design and production
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Product Liability
• Three types of defects that incur liability
o design defects
• exist before the product is manufactured
o manufacturing defects
• occur during the construction or production
o defects in marketing
• improper instructions and failures to warn
consumers of latent dangers in the product.

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 Some URLs for Product Liability
• http://www.dti.gov.uk/access/consumer/intro.html
• http://www.dti.gov.uk/access/consumer/product.html
• http://www.dti.gov.uk/access/consumer/safety.html
• http://www.dti.gov.uk/access/consumer/business.html
• http://www.dti.gov.uk/CACP/ca/consultation/gpldp.htm
• http://europa.eu.int/comm/internal_market/en/goods/liability/043.pdf

• http://www.law.cornell.edu/topics/products_liability.html
• http://www.productslaw.com/
• http://www.civilrights.com/prod.html

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Safety factors
• BS British Standard Specifications
• EN Europaische Norm
(European Standard)
• ISO International Organization for
Standardization

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 Safety factors
• British Standard Specifications
o BS 1088:1966 (1988) untreated plywood for marine craft
o BS EN 1095:1998 deck safety harnesses and safety lines
o BS 4079:1966 (1988) plywood for marine craft treated against
attack by fungi or marine borers
o BS 4532:1969 (1989) snorkels and face masks
o BS 7209:1990 (1997) water vapour permeable apparel fabrics
o BS 7852:1997 code of practice for the design of canoes
and kayaks

the above list only shows a few representative examples

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British Standard BS EN 12215:2002
Small craft – Hull construction and
scantlings length up to 23 m
1 Materials: resins, reinforcement, laminate
2 Materials: sandwich cores
3 Materials: steel, aluminium, wood, other
4 Workshop/manufacturing conditions
5 Design pressures, stresses, scantlings
6 Structural arrangements and details
7 Scantling determination of multihulls
8 Rudders
9 Sailing boats: appendages and rig attachment
Parts 1-7 in Plymouth Campus Library
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Safety factors
• British Standard Specifications
o eg BS 4994:1987
Design and construction of
vessels and tanks in reinforced plastics
o may be appropriate to
lightweight air-tanks for diving
o Section 9 defines
allowable and design unit loadings

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Safety factors
• BS 4994:1987 (FRP vessels and tanks)
o k1 = factor relating to manufacture
o k2 = factor relating to long term behaviour
o k3 = factor relating to temperature
o k4 = factor relating to cyclic loading
o k5 = factor relating to curing procedure

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Safety factors
• BS 4994:1987 (FRP vessels and tanks)
o The design factor = 3 x k1 x k2 x k3 x k4 x k5
o The factor 3 is constant and allows for
• materials strength reduction due to
long-term loading (even in air)
o No vessel or tank shall have K < 8

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Safety factors
• BS 4994:1987 (FRP vessels and tanks)
• k1 (method of manufacture)
o k1 = 1.5 for handwork
o k1 = 1.5
for machine controlled spray application
o k1 = 3.0 for hand-held spray application
• for spray application, strands shall be >32 mm long

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Safety factors
• BS 4994:1987 (FRP vessels and tanks)
• k2 (chemical environment)
o k2 = 1.2 with a thermoplastic liner
o k2 = 1.2 to 2.0 without a thermoplastic liner
o Appendix E
gives guidance on selection of k2

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Safety factors
• BS 4994:1987 (FRP vessels and tanks)
o k3 (temperature) from 1 to 1.25 (Fig.1)
• dependent on heat distortion temperature
o k4 (cyclic loading) from Figure 2
o k5 (curing procedure)
= 1.1 for post-cure to manufacturer specn
= 1.3 for operation up to 45ºC
= 1.5 for operation over 45ºC

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Safety factors
• BS 4994:1987 (FRP vessels and tanks)
o k1 = 1.5 3.0
o k2 = 1.2 2.0
o k3 = 1.0 1.25
o k4 = 1.1 2.0
o k5 = 1.1 1.5
• K= 6.534 67.5
defaults to 8

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The CE mark
• The official marking required by the European Community for all
Electric- and Electronic equipment that will be sold, or put into
service for the first time, anywhere in the European community.
• It proves to the buyer -or user- that this product fulfills all
essential safety and environmental requirements as they are
defined in the so-called European Directives. The CE markings
directive (93/68/EEC) was adopted in 1993. It amends 12 other
directives.
• The CE-directive gives a detailed description of the initials CE
and any other marks specific to a particular directive and the
ways conformity may be acquired.
• The CE-mark must be put on the equipment, it's size must be 5
mm (0.2") or larger.
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The CE mark
• In return for fulfilling the CE marking requirements,
the manufacturer or its agent gets the opportunity to cover the
entire European market using only one approval procedure for
the topics covered in the miscellaneous directives.
• The member states of the EC cannot refuse any electronic or
electrical product that has been CE marked (unless fraud
suspected).
• For some products however, national regulations may exist, as
long as the topics covered in these national regulations are not
covered by a pan-European Directive. An example is
Ergonomics in Germany for PC-related equipment.

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The CE mark
• The manufacturer needs however:
– be European,
– or have an official department in the European Community,
– or have an official agent or representative that is willing to
take the liability for the CE-marking.
• The CE mark is sufficient to allow exporting to all EC members
• There are some restrictions left over for language variations in
user documentation, notably safety instructions should be in the
language of the country you are exporting to.
• The attachment of the CE mark to your product MUST be
founded on a Compliance statement of the manufacturer or
importer.

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 The CE mark
• 90/385/EEC Active Implantable Medical Devices Directive
• 94/9/EC ATEX Directive (Electrical equipment for use in explosive atmospheres)
• 2000/9/EC Cableway Installations for Passengers Directive
• 93/68/EEC The CE Marking Directive
• 93/15/EEC Civil Uses of Explosives Directive
• 89/106/EEC Construction Products Directive
• 89/336/EEC Electromagnetic Compatibility Directive
• 96/57/EC Energy Efficiency Requirements: Household Refrigerators and Freezers
• 92/75/EEC Energy Labelling Directive
• 90/396/EEC Gas Appliances Directive
• 92/42/EEC Hot Water Boilers Energy Efficiency Directive
• 98/79/EC In-vitro Diagnostic Medical Devices
• 95/16/EC Lift Safety Directive
• 73/23/EEC Low Voltage Directive

• Hot-links from http://www.conformance.co.uk/CE_MARKING/celist.html

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 The CE mark
• 98/37/EC Machinery Safety Directive
• 93/42/EEC Medical Devices Directive
• 2000/14/EC Noise Emission of Outdoor Equipment Directive
• 90/384/EEC Non-automatic Weighing Equipment Directive
• 89/686/EEC Personal Protective Equipment Directive
• 97/23/EC Pressure Equipment Directive
• 1999/5/EC Radio and Telecommunications Terminal Equipment Directive
• 94/25/EC Recreational Craft Directive
• 98/13/EC Satellite Earth Station Equipment Directive
• 87/404/EEC Simple Pressure Vessels Directive
• 98/13/EC Telecommunications Terminal Equipment Directive
• 88/378/EEC Toy Safety Directive

Hot-links from http://www.conformance.co.uk/CE_MARKING/celist.html

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Some URLs for CE
• http://www.ce-marking.org/
• http://www.aeat.co.uk/energy/verify/ecdirect.htm
• http://www.ce-marking.nl/
• http://www.cetest.nl/cemark0.htm
• http://www.conformance.co.uk/CE_MARKING/ce_content.html

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Recreational Craft Directive

Image from http://ec.europa.eu/enterprise/maritime/maritime_regulatory/rc_introduction.htm

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Recreational Craft Directive
• The Recreational Craft Directive (94/25/EEC)
Design and construction of boats
from 2.5m to 24m hull length
plus specified components.
• Published in Official Journal L164 (30 June 1994)
• In force 16 June 1996 (transition ends 15 June 1998)
• Implemented in the UK by the
Recreational Craft Regulations 1996 (SI 1996:1353)

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Recreational Craft Directive
The Directive does not apply to:
 craft intended solely for racing
 canoes, kayaks, gondolas and pedalos
 surfboards and sailboards
 historical replicas
 submersibles
 hovercraft and hydrofoils
 craft intended to be crewed
and to carry passengers for commercial purposes
(these are covered by another directive).
 craft built for use by the builder are also excluded provided they
are not subsequently placed on the market for at least five years.

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Recreational Craft Directive

• Particular items of equipment are also covered

o ignition-protected equipment for inboard and stern drive engines
o start-in-gear protection devices for outboard engines
o steering wheels, steering mechanisms and cable assemblies
o fuel tanks and fuel hoses
o prefabricated hatches and portlights.

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Recreational Craft Directive
• Administration requirements
o the product be marked with the CE logo
o the manufacturer compile a file of technical information
• In the case of complete craft or hulls, this file is to include test reports or
calculations demonstrating that the craft has adequate stability in the
anticipated sea conditions. The manufacturer also has to complete a
Declaration of Conformity.
• the Directive also lays down requirements for type testing by a
notified body and/or quality control procedures
• no special provision for used craft
o as such it is impossible for second hand craft to comply
o used craft cannot be CE marked and therefore cannot be legally
imported into the EEA

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RCD file of technical info.
• file of technical information
o In the case of complete craft or hulls,
this file is to include test reports or
calculations demonstrating that the craft
has adequate stability
in the anticipated sea conditions.
o the manufacturer also has to complete a
Declaration of Conformity.

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Directive 2003/44/EC
amending Directive 94/25/EC

• extend RCD scope to personal watercraft

such as jet skis.
• limit values for exhaust (CO, hydrocarbon,
nitrogen oxides and various pollutants) &
sound emissions of petrol/diesel engines

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URLs for Recreational Craft Directive
• http://europa.eu.int/comm/enterprise/maritime/maritime_regulatory/rcdguide-en.pdf
• http://www.conformance.co.uk/CE_MARKING/ce_boats.html
• http://www.rbbi.com/folders/cemark/cemark.htm
• http://www.dti.gov.uk/strd/recps00.pdf
• http://www.dti.gov.uk/strd/rcdnbgde.pdf

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Classification society (UK)
Lloyds Register of Shipping
• Rules and Regulations for the
Classification of Special Service
Craft, 2003
• for classification of monohull and
multihull craft, yachts, high speed and
light displacement craft constructed
from steel, aluminium alloys and
composites.
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Classification societies o/seas
• American Bureau of Shipping (USA)
• Bureau Veritas (France)
• Det Norske Veritas (Norway)
• Registro Italiano Navale Group (RINA)

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URLs for classification societies

• Lloyds
• http://www.lr.org/market%5Fsector/marine/mts/m2%5Ffrp.htm
• http://www.lr.org/rules_and_standards/Rules_and_regulations/index.htm
• http://www.lr.org/rules%5Fand%5Fstandards/rules%5Fand%5Fregulations/special%5Fservice%5Fcraft.htm

• http://www.yuscu.fi/eights/lloyds.doc

• ABS http://www.eagle.org/default.html
• BV http://www.bureauveritas.com/webapp/servlet/RequestHandler?mode=PT&pageID=357&nextpage=siteFrameset.jsp

• DNV http://www.dnv.com/maritime/shipclassification/index.asp
• RINA http://www.rina.it/services_products/services.html
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