§9 除外

Exclusions

Article 1 (2) sets out a list of lifts and appliances which are not covered by the Lifts Directive. Some of the appliances in the list correspond to the definition of a lift given in Article 2(1) but are nevertheless excluded from the scope. Other appliances in the list do not correspond to the definition, but are included in the list of exclusion for the sake of clarity.

lifting appliances whose speed is not greater than 0.15 m/s

Low speed lifts are normally subject to the Machinery Directive.

See Machinery Directive Guidance at the paragraph ‘Machinery serving fixed landings’

construction site hoists

Construction-site hoists are lifts installed temporarily for transporting construction workers and goods to the different levels of a building during construction or repair work.

Construction-site hoists are subject to the Machinery Directive.

cableways, including funicular railways

Cableways designed to carry persons are covered by the provisions of Regulation (EU) 2016/424. Article 2 paragraph 2(a) of Regulation (EU) 2016/424 excludes from the scope of the Cableway Installations Regulation the lifts within the meaning of Directive 2014/33/EU.

For more information about the Cableway Installations Regulation see http://ec.europa.eu/growth/sectors/mechanical-engineering/cableways_en.

lifts for military or police purposes

It should be noted that this exclusion only concerns lifts specifically designed for military or police purposes. Consequently, lifts serving buildings or constructions used by military or police personnel, but which are not designed specifically for military or police purposes fall within scope of the Lifts Directive.

lifting appliances from which work can be carried out

Such lifting appliances are subject to the requirements under the Machinery Directive. See Machinery Directive Guidance at paragraph ‘Machinery serving fixed landings’

mine winding gear

Mine winding gear, used for transporting persons and goods to and from the working levels of mine shafts are excluded.

lifting appliances intended for lifting performers during artistic performances

Lifting appliances intended for lifting performers during artistic performances are excluded from the scope of both the Lifts Directive and the Machinery Directive and therefore remain subject to existing national regulations. The Machinery Directive 2006/42/EC also excludes “machinery intended to move performers during artistic performances”. Consequently, e.g., theatre elevators will remain outside the scope of both Union harmonisation legislation acts.

However, it should be noted that the exclusion of lifting appliances intended for lifting performers during artistic performances does not extend to lifts installed in theatres to provide access for the public to seating areas or for use by theatre staff for access to other parts of the theatre, which are subject to the Lifts Directive unless their speed is not greater than 0.15 m/s.

lifts fitted in means of transport

Lifts fitted in means of transport (road vehicles, trains, ships, aircraft etc.) are not covered by the Lifts Directive since they are not installed in buildings or constructions. Such lifts are often subject to specific national or international regulations.

lifting appliances connected to machinery and intended exclusively for access to workstations including maintenance and inspection points on the machinery

This exclusion applies in the following cases:

Lifts, intended exclusively for access to the workplace, that are connected to machinery which is not a building or construction (such as, for example, lifts for access to the operator’s cab connected to tower cranes): such lifts are excluded from the Lifts Directive and are subject to the Machinery Directive.

Lifts, intended exclusively for access to the workplace, that are connected to buildings or constructions which are an integral part of machinery (such as, for example, lifts in wind generators): such lifts are excluded from the Lifts Directive and are subject to the Machinery Directive.

The exclusion does not apply in the following cases:

Lifts intended for access to workplaces on machinery that are connected to buildings or constructions which are not an integral part of the machinery: such lifts are subject to the Lifts Directive.

Lifts connected to machinery that is intended for transporting members of the public: such lifts are subject to the Lifts Directive.

rack and pinion trains

Rack and pinion trains are not covered by the Lifts Directive, since, like cableways, they are not installed on buildings or constructions. At the time of issuing this Guide, they are not covered by harmonised Union legislation. Rack and pinion trains should not be confused with rack and pinion lifts, which are subject to the Lifts Directive.

escalators and mechanical walkways

Escalators and mechanical walkways are subject to the Machinery Directive. As such escalators and mechanical walkways do not fit the definition of lifts as per Article 2 (1).