VCA Ref: GVC/MSDG The Noise emission in the Environment by Equipment for use Outdoor Regulations 2001

Sue Gladwin made this Freedom of Information request to Vehicle Certification Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Vehicle Certification Agency,

1. Please could the VCA tell me when they were first established?

2. How many people do the VCA employ in Europe?

3. Is the VCA’s ultimate goal to make human life better?

4. According to the information we have, the VCA was vested by the UK Member State on behalf of the EU Commission in year 2000 to carry out conformity tests on what we know of as “Equipment used Outdoors” that produce Noise in the Environment. What market surveillance has been carried out by the VCA since the year 2000 on the 57 pieces of equipment used outdoors as stated by the Commission?

5. Does the VCA carry out periodical checks on the 57 items to see if they still conform?

6. Do to the VCA rely on the Manufacturers informing them of any technical changes that could make the equipment louder, therefore potentially breaching the conformity ruling to the specifications on “outdoor equipment” that is listed?

STATEMENT AND QUOTE:- As stated from the Commission in May 2000 “ The Commission felt that it is now necessary to embark on a new ADAPTATION and to extend the RANGE of the Equipment covered by the Framework”.

7. Does the VCA agree that this above statement means that other equipment that is not listed, but produces NOISE and exceeds the EU ruling, can be an Adaptation to the List, and merits investigation by the VCA to assess the Equipment in light of including it to Conformity Regulations?

8. Does the VCA see the above Statement as FACT that Agencies are not to review and not to extend adaptations to the Act? We need clarification on this paragraph because it seems that the VCA and the general publics’ view to this statement could be different?

9. What is the VCA’s interpretation of this Statement above?

10. Does the VCA have an obligation to follow up and investigate enquiries from the general public into the matter with Propane Gas Guns? If there is no conversation on this matter, the list of 57 will never increase to 58 or further, does the VCA not agree?

11. Does the VCA have direct contact with the EU Commission of matters of this nature that have difficult consequences and difficult decisions to be made?

12. I ask you to take into account the listings for exemption, and that this does not include Propane Gas Guns, therefore this device must warrant investigation into its noise emissions/levels?

13. Does the VCA recognise that since year 2000 the NOISE in the UK environment has escalated and is uncontrolled?

14. How can the VCA detect offenders, if the VCA does not investigate complaints from the general public?

15. Is it standard practise that the VCA check all new equipment that is “used outdoors”, or do they rely solely on the manufacturers submissions?

16. The Noise level in the Environment is set at 65dBLs as set by the EU Commission, and any equipment that cannot be reduced in volume has to be withdrawn from the Market or prohibited (this means regulation on the times that it is used). There are exemptions to this, but the Propane Gas Gun is not on the exemption list, so therefore does not qualify as being a NECESSITY to the economy of the EU. Taking this into account does the VCA not think that the Commission would expect this Propane Gas Gun to be investigated by the VCA as it comes under Market Surveillance?

17. The Propane Gas Gun does not conform to the Directive of May 2000, the decibel level emitted is above 65dBLs, this item emits 158dBls at source, and because of the unusual nature of the item’s function i.e. this particular piece of equipment’s function does not include anything but producing NOISE, which by definition would qualify as a new Adaptation for Investigation by the VCA, does the VCA agree?

18. There is no mechanism on the Propane Gas Guns to reduce the maximum noise level which is 158dbls, it qualifies because of the nature of the equipment and has been overlooked, which could come under the “Assessment and Management of environmental noise declaration 2002/49/EC”. Do the VCA think this piece of outdoor equipment has been overlooked?

19. When did the VCA last have a Manufacturer submit equipment for Conformity testing for noise, since the year 2000?

20. When the VCA chooses to outsource testing for EU conformity for “Outdoor Equipment” that makes NOISE, could the VCA please tell me what technical Organisations the VCA use, and supply their Company Names please?

21. Is it not in the VCA’s remit to pass on information to Brussels that is supplied to them by UK Citizens, when there is clearly a pronounced problem with noise in the environment by a piece of outdoor equipment whether it is on the list of 57, exempt or otherwise?

Statement:- Human Rights Act, Article 8 20th April 2004 “ Established States have a positive obligation in terms of to secure protection against non-state polluters, the above clearly affirmed that the positive obligation of States is to guarantee Article 8 against interference by private interest and individuals” “Noise as torture, acoustic saturation…..The recognition that Noise maybe a torture has made it easier to accept that acoustic events outside impacting within your home can constitute a violation of Article 8. Anyone who has suffered from long periods from noise disturbance…..is well aware that the effects of this on the nerves and one’s physical and mental well-being are extremely unpleasant and harmful…..This is the noise directive at the end of this statement of the EU Parliament and the council of the 8th May 2000…” (Quote from wikipedia )The Propane Gas Gun which I have submitted for investigation has very harmful effects on many people around the UK and at the moment users of these devices are allowed to self-regulate and it is common for these devices to be left on for months on end, unattended, which is a high risk activity because they are often left by bridleways and footpaths causing an added risk to the general public.

22. Are the VCA aware of all these facts in the Human Rights Act above?

23. Is there anyone at the EU Commission to advise the VCA on these matters?

24. Where did the VCA get the information about the Environmental Protection Act 1990 that Gas Guns are included in the Act, and are itemised? Gas Guns are not it seems in the remit of ANY regulative body including this ACT which I found out a long while ago. THERE ARE NO CONTROLS ON PROPANE GAS GUNS WHATSOEVER AND THIS IS THE PROBLEM,the Local Councils are continually ADVISING THE GENERAL PUBLIC TO TAKE PRIVATE ACTION, WHEN IT ISN’T THE PUBLICS RESPONSIBILTY TO POLICE THE NOISE, IT IS THE PUBLICS RESPONSIBILTY TO SUPPLY INFORMATION REGARDING THESE TYPES OF DEVICES to Agencies like the VCA who deal with NOISE in the ENVIRONMENT. There are no controls on Propane Gas Guns, so why are there all these Government Agencies, which the public are trying to co-operate with? It is in the spirit of co-operation that I give you all the information I have so far.

25.The EU have got a policy to reduce noise in the environment since 2000, does the VCA recognise that it is policy for Member States to reduce Noise in the Environment?

26. I have information that all documentation sent to any Agency, Government or otherwise within the UK, including the VCA, has to be kept on file within their offices for seven years, is this correct?

THANK YOU.

Yours faithfully,

Sue Gladwin.

Foi user, Vehicle Certification Agency

Dear Ms Gladwin

Thank you for your Email dated: 26 February 2012 requesting information about VCA and The Noise emission in the Environment by Equipment for use Outdoor Regulations 2001.

Your request is being dealt with under the terms of the Freedom of Information Act 2000, and where appropriate, the Environmental Information Regulations 2004, and will be answered within twenty working days, i.e. by no later than 26th March 2013.

If you have any queries about this request do not hesitate to contact us. Please remember to quote the reference number above in any future communications.

Yours sincerely

VCA Foi team

________________________________________
From: Sue Gladwin [[FOI #151216 email]]
Sent: 25 February 2013 19:35
To: VCA Enquiries
Subject: Freedom of Information request - VCA Ref: GVC/MSDG The Noise emission in the Environment by Equipment for use Outdoor Regulations 2001

Dear Vehicle Certification Agency,

1. Please could the VCA tell me when they were first established?

2. How many people do the VCA employ in Europe?

3. Is the VCA’s ultimate goal to make human life better?

4. According to the information we have, the VCA was vested by the
UK Member State on behalf of the EU Commission in year 2000 to
carry out conformity tests on what we know of as “Equipment used
Outdoors” that produce Noise in the Environment. What market
surveillance has been carried out by the VCA since the year 2000 on
the 57 pieces of equipment used outdoors as stated by the
Commission?

5. Does the VCA carry out periodical checks on the 57 items to see
if they still conform?

6. Do to the VCA rely on the Manufacturers informing them of any
technical changes that could make the equipment louder, therefore
potentially breaching the conformity ruling to the specifications
on “outdoor equipment” that is listed?

STATEMENT AND QUOTE:- As stated from the Commission in May 2000 “
The Commission felt that it is now necessary to embark on a new
ADAPTATION and to extend the RANGE of the Equipment covered by the
Framework”.

7. Does the VCA agree that this above statement means that other
equipment that is not listed, but produces NOISE and exceeds the EU
ruling, can be an Adaptation to the List, and merits investigation
by the VCA to assess the Equipment in light of including it to
Conformity Regulations?

8. Does the VCA see the above Statement as FACT that Agencies are
not to review and not to extend adaptations to the Act? We need
clarification on this paragraph because it seems that the VCA and
the general publics’ view to this statement could be different?

9. What is the VCA’s interpretation of this Statement above?

10. Does the VCA have an obligation to follow up and investigate
enquiries from the general public into the matter with Propane Gas
Guns? If there is no conversation on this matter, the list of 57
will never increase to 58 or further, does the VCA not agree?

11. Does the VCA have direct contact with the EU Commission of
matters of this nature that have difficult consequences and
difficult decisions to be made?

12. I ask you to take into account the listings for exemption, and
that this does not include Propane Gas Guns, therefore this device
must warrant investigation into its noise emissions/levels?

13. Does the VCA recognise that since year 2000 the NOISE in the UK
environment has escalated and is uncontrolled?

14. How can the VCA detect offenders, if the VCA does not
investigate complaints from the general public?

15. Is it standard practise that the VCA check all new equipment
that is “used outdoors”, or do they rely solely on the
manufacturers submissions?

16. The Noise level in the Environment is set at 65dBLs as set by
the EU Commission, and any equipment that cannot be reduced in
volume has to be withdrawn from the Market or prohibited (this
means regulation on the times that it is used). There are
exemptions to this, but the Propane Gas Gun is not on the exemption
list, so therefore does not qualify as being a NECESSITY to the
economy of the EU. Taking this into account does the VCA not think
that the Commission would expect this Propane Gas Gun to be
investigated by the VCA as it comes under Market Surveillance?

17. The Propane Gas Gun does not conform to the Directive of May
2000, the decibel level emitted is above 65dBLs, this item emits
158dBls at source, and because of the unusual nature of the item’s
function i.e. this particular piece of equipment’s function does
not include anything but producing NOISE, which by definition would
qualify as a new Adaptation for Investigation by the VCA, does the
VCA agree?

18. There is no mechanism on the Propane Gas Guns to reduce the
maximum noise level which is 158dbls, it qualifies because of the
nature of the equipment and has been overlooked, which could come
under the “Assessment and Management of environmental noise
declaration 2002/49/EC”. Do the VCA think this piece of outdoor
equipment has been overlooked?

19. When did the VCA last have a Manufacturer submit equipment for
Conformity testing for noise, since the year 2000?

20. When the VCA chooses to outsource testing for EU conformity for
“Outdoor Equipment” that makes NOISE, could the VCA please tell me
what technical Organisations the VCA use, and supply their Company
Names please?

21. Is it not in the VCA’s remit to pass on information to Brussels
that is supplied to them by UK Citizens, when there is clearly a
pronounced problem with noise in the environment by a piece of
outdoor equipment whether it is on the list of 57, exempt or
otherwise?

Statement:- Human Rights Act, Article 8 20th April 2004 “
Established States have a positive obligation in terms of to secure
protection against non-state polluters, the above clearly affirmed
that the positive obligation of States is to guarantee Article 8
against interference by private interest and individuals” “Noise as
torture, acoustic saturation…..The recognition that Noise maybe a
torture has made it easier to accept that acoustic events outside
impacting within your home can constitute a violation of Article 8.
Anyone who has suffered from long periods from noise
disturbance…..is well aware that the effects of this on the nerves
and one’s physical and mental well-being are extremely unpleasant
and harmful…..This is the noise directive at the end of this
statement of the EU Parliament and the council of the 8th May
2000…” (Quote from wikipedia )The Propane Gas Gun which I have
submitted for investigation has very harmful effects on many people
around the UK and at the moment users of these devices are allowed
to self-regulate and it is common for these devices to be left on
for months on end, unattended, which is a high risk activity
because they are often left by bridleways and footpaths causing an
added risk to the general public.

22. Are the VCA aware of all these facts in the Human Rights Act
above?

23. Is there anyone at the EU Commission to advise the VCA on these
matters?

24. Where did the VCA get the information about the Environmental
Protection Act 1990 that Gas Guns are included in the Act, and are
itemised? Gas Guns are not it seems in the remit of ANY regulative
body including this ACT which I found out a long while ago. THERE
ARE NO CONTROLS ON PROPANE GAS GUNS WHATSOEVER AND THIS IS THE
PROBLEM,the Local Councils are continually ADVISING THE GENERAL
PUBLIC TO TAKE PRIVATE ACTION, WHEN IT ISN’T THE PUBLICS
RESPONSIBILTY TO POLICE THE NOISE, IT IS THE PUBLICS RESPONSIBILTY
TO SUPPLY INFORMATION REGARDING THESE TYPES OF DEVICES to Agencies
like the VCA who deal with NOISE in the ENVIRONMENT. There are no
controls on Propane Gas Guns, so why are there all these Government
Agencies, which the public are trying to co-operate with? It is in
the spirit of co-operation that I give you all the information I
have so far.

25.The EU have got a policy to reduce noise in the environment
since 2000, does the VCA recognise that it is policy for Member
States to reduce Noise in the Environment?

26. I have information that all documentation sent to any Agency,
Government or otherwise within the UK, including the VCA, has to be
kept on file within their offices for seven years, is this correct?

THANK YOU.

Yours faithfully,

Sue Gladwin.

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #151216 email]

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Information requests to Vehicle Certification Agency? If so, please
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-------------------------------------------------------------------

VCA

show quoted sections

Foi user, Vehicle Certification Agency

1 Attachment

Dear Ms Gladwin

Thank you again for your Email dated: 26 February 2013 requesting information about VCA and The Noise emission in the Environment by Equipment for use Outdoor Regulations 2001.
VCA's response can be found on the attached document entitled "final response.pdf".

Please note that PDF format files can be opened and viewed by a number of free applications including Adobe Acrobat. A free version of the reader is available to download here: http://get.adobe.com/uk/reader/othervers..., but please contact us [email address] if this should cause you any problems.

Yours sincerely

VCA FOI team

_______________________________________
From: Foi user
Sent: 26 February 2013 10:07
To: VCA Enquiries
Subject: RE: Freedom of Information request - VCA Ref: GVC/MSDG The Noise emission in the Environment by Equipment for use Outdoor Regulations 2001 - FOI/EIR0000160

Dear Ms Gladwin

Thank you for your Email dated: 26 February 2012 requesting information about VCA and The Noise emission in the Environment by Equipment for use Outdoor Regulations 2001.

Your request is being dealt with under the terms of the Freedom of Information Act 2000, and where appropriate, the Environmental Information Regulations 2004, and will be answered within twenty working days, i.e. by no later than 26th March 2013.

If you have any queries about this request do not hesitate to contact us. Please remember to quote the reference number above in any future communications.

Yours sincerely

VCA Foi team

________________________________________
From: Sue Gladwin [[FOI #151216 email]]
Sent: 25 February 2013 19:35
To: VCA Enquiries
Subject: Freedom of Information request - VCA Ref: GVC/MSDG The Noise emission in the Environment by Equipment for use Outdoor Regulations 2001

Dear Vehicle Certification Agency,

1. Please could the VCA tell me when they were first established?

2. How many people do the VCA employ in Europe?

3. Is the VCA’s ultimate goal to make human life better?

4. According to the information we have, the VCA was vested by the
UK Member State on behalf of the EU Commission in year 2000 to
carry out conformity tests on what we know of as “Equipment used
Outdoors” that produce Noise in the Environment. What market
surveillance has been carried out by the VCA since the year 2000 on
the 57 pieces of equipment used outdoors as stated by the
Commission?

5. Does the VCA carry out periodical checks on the 57 items to see
if they still conform?

6. Do to the VCA rely on the Manufacturers informing them of any
technical changes that could make the equipment louder, therefore
potentially breaching the conformity ruling to the specifications
on “outdoor equipment” that is listed?

STATEMENT AND QUOTE:- As stated from the Commission in May 2000 “
The Commission felt that it is now necessary to embark on a new
ADAPTATION and to extend the RANGE of the Equipment covered by the
Framework”.

7. Does the VCA agree that this above statement means that other
equipment that is not listed, but produces NOISE and exceeds the EU
ruling, can be an Adaptation to the List, and merits investigation
by the VCA to assess the Equipment in light of including it to
Conformity Regulations?

8. Does the VCA see the above Statement as FACT that Agencies are
not to review and not to extend adaptations to the Act? We need
clarification on this paragraph because it seems that the VCA and
the general publics’ view to this statement could be different?

9. What is the VCA’s interpretation of this Statement above?

10. Does the VCA have an obligation to follow up and investigate
enquiries from the general public into the matter with Propane Gas
Guns? If there is no conversation on this matter, the list of 57
will never increase to 58 or further, does the VCA not agree?

11. Does the VCA have direct contact with the EU Commission of
matters of this nature that have difficult consequences and
difficult decisions to be made?

12. I ask you to take into account the listings for exemption, and
that this does not include Propane Gas Guns, therefore this device
must warrant investigation into its noise emissions/levels?

13. Does the VCA recognise that since year 2000 the NOISE in the UK
environment has escalated and is uncontrolled?

14. How can the VCA detect offenders, if the VCA does not
investigate complaints from the general public?

15. Is it standard practise that the VCA check all new equipment
that is “used outdoors”, or do they rely solely on the
manufacturers submissions?

16. The Noise level in the Environment is set at 65dBLs as set by
the EU Commission, and any equipment that cannot be reduced in
volume has to be withdrawn from the Market or prohibited (this
means regulation on the times that it is used). There are
exemptions to this, but the Propane Gas Gun is not on the exemption
list, so therefore does not qualify as being a NECESSITY to the
economy of the EU. Taking this into account does the VCA not think
that the Commission would expect this Propane Gas Gun to be
investigated by the VCA as it comes under Market Surveillance?

17. The Propane Gas Gun does not conform to the Directive of May
2000, the decibel level emitted is above 65dBLs, this item emits
158dBls at source, and because of the unusual nature of the item’s
function i.e. this particular piece of equipment’s function does
not include anything but producing NOISE, which by definition would
qualify as a new Adaptation for Investigation by the VCA, does the
VCA agree?

18. There is no mechanism on the Propane Gas Guns to reduce the
maximum noise level which is 158dbls, it qualifies because of the
nature of the equipment and has been overlooked, which could come
under the “Assessment and Management of environmental noise
declaration 2002/49/EC”. Do the VCA think this piece of outdoor
equipment has been overlooked?

19. When did the VCA last have a Manufacturer submit equipment for
Conformity testing for noise, since the year 2000?

20. When the VCA chooses to outsource testing for EU conformity for
“Outdoor Equipment” that makes NOISE, could the VCA please tell me
what technical Organisations the VCA use, and supply their Company
Names please?

21. Is it not in the VCA’s remit to pass on information to Brussels
that is supplied to them by UK Citizens, when there is clearly a
pronounced problem with noise in the environment by a piece of
outdoor equipment whether it is on the list of 57, exempt or
otherwise?

Statement:- Human Rights Act, Article 8 20th April 2004 “
Established States have a positive obligation in terms of to secure
protection against non-state polluters, the above clearly affirmed
that the positive obligation of States is to guarantee Article 8
against interference by private interest and individuals” “Noise as
torture, acoustic saturation…..The recognition that Noise maybe a
torture has made it easier to accept that acoustic events outside
impacting within your home can constitute a violation of Article 8.
Anyone who has suffered from long periods from noise
disturbance…..is well aware that the effects of this on the nerves
and one’s physical and mental well-being are extremely unpleasant
and harmful…..This is the noise directive at the end of this
statement of the EU Parliament and the council of the 8th May
2000…” (Quote from wikipedia )The Propane Gas Gun which I have
submitted for investigation has very harmful effects on many people
around the UK and at the moment users of these devices are allowed
to self-regulate and it is common for these devices to be left on
for months on end, unattended, which is a high risk activity
because they are often left by bridleways and footpaths causing an
added risk to the general public.

22. Are the VCA aware of all these facts in the Human Rights Act
above?

23. Is there anyone at the EU Commission to advise the VCA on these
matters?

24. Where did the VCA get the information about the Environmental
Protection Act 1990 that Gas Guns are included in the Act, and are
itemised? Gas Guns are not it seems in the remit of ANY regulative
body including this ACT which I found out a long while ago. THERE
ARE NO CONTROLS ON PROPANE GAS GUNS WHATSOEVER AND THIS IS THE
PROBLEM,the Local Councils are continually ADVISING THE GENERAL
PUBLIC TO TAKE PRIVATE ACTION, WHEN IT ISN’T THE PUBLICS
RESPONSIBILTY TO POLICE THE NOISE, IT IS THE PUBLICS RESPONSIBILTY
TO SUPPLY INFORMATION REGARDING THESE TYPES OF DEVICES to Agencies
like the VCA who deal with NOISE in the ENVIRONMENT. There are no
controls on Propane Gas Guns, so why are there all these Government
Agencies, which the public are trying to co-operate with? It is in
the spirit of co-operation that I give you all the information I
have so far.

25.The EU have got a policy to reduce noise in the environment
since 2000, does the VCA recognise that it is policy for Member
States to reduce Noise in the Environment?

26. I have information that all documentation sent to any Agency,
Government or otherwise within the UK, including the VCA, has to be
kept on file within their offices for seven years, is this correct?

THANK YOU.

Yours faithfully,

Sue Gladwin.

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #151216 email]

Is [Vehicle Certification Agency request email] the wrong address for Freedom of
Information requests to Vehicle Certification Agency? If so, please
contact us using this form:
http://www.whatdotheyknow.com/help/contact

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

If you find this service useful as an FOI officer, please ask your
web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

VCA

show quoted sections