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September 22, 2020

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Legislation & guidance

Guidance for crane users updated

The revised CAP 1096 Guidance to Crane Users on the Crane Notification Process and Obstacle Lighting and Marking on the crane notification process and obstacle lighting and marking has been published.

CraneTechnical Information Note (TIN) 039 sets out requirements for the notification of the erection and use of cranes to the Civil Aviation Authority (CAA). The guidance is applicable to all types of cranes, irrespective of location, exceeding a height of 10m above ground level (AGL) or that of the surrounding structures or trees (if higher).

Specifically, it is applicable to all types of crane including Tower Cranes, Mobile Cranes, Crawler Cranes, Lorry Loader Cranes and Gantry Cranes.

TIN 039 is intended to assist crane users with their duties to comply with the UK Air Navigation Order (ANO) and supporting guidance published by the CAA.

The duties imposed on crane users include:

  • Irrespective of location relative to an aerodrome, advance notification to the CAA prior to erection and use of all cranes with a height of 10m above ground level, or of the surrounding structures or trees (if higher);
  • Provision and maintenance of obstacle lighting;
  • Marking of crane masts and jibs in conspicuous colours.

The ANO makes it a criminal offence to act recklessly or negligently in a manner likely to endanger aircraft. Depending on the nature of the offence, prosecution could result in a fine and or imprisonment. The fines after conviction are on a similar level to Health and Safety offences. Fines are only issued in court (as opposed to any ‘on-the-spot’ fine) and are based on the business’ turnover, after taking account of the seriousness of offence, aggravating and mitigating circumstances and previous enforcement history. Cases are only taken to court by the CAA when they are ‘in the public interest’.

New CAP 1096 Guidance

The CAA have published a revised version of their guidance CAP1096 – CAP1096: Guidance to Crane Users on the Crane Notification Process and Obstacle Lighting and Marking.

The CAA say that this will be applicable from 1 October 2020. A copy of the new guidance can be downloaded here.

The notification, lighting and marking requirements have all been increased significantly. The CPA are still discussing the details of the guidance with CAA, as there are a number of requirements that we do not think are practical or necessary. The CPA have prepared a draft Technical Information Note (TIN 039D) to assist crane users, including tower, mobile and crawler to comply with the revised version of CAP 1096.

The CPA stresses that CAP1096 places the duty to notify the siting of a crane to CAA on the crane user. On construction sites, the definition of the crane user will generally be the client or their Principal Contractor, or other a nominated contractor and not necessarily the crane supplier or owner.

Elsewhere the duty will fall to the organisation or employer who requires the work to be completed. By prior arrangement, the crane supplier or owner may submit the notification on behalf of the user. The legal duty to notify however, remains with the user.

The CAA have said that between 1 October 2020 and 31 May 2021 it will conduct a formalised trial to allow industry to prepare accordingly. The updated CAP 1096 will become fully applicable from 31 May 2021.

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