Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
16 March 2000 [shall come
into force on 19 April 2000];
23 September 2004 [shall come into force on 19 October
2004];
3 November 2005 [shall come into force on 6 December
2005];
19 June 2008 [shall come into force on 10 July
2008];
14 November 2008 [shall come into force on 1 January
2009];
12 June 2009 [shall come into force on 1 July
2009];
10 October 2019 [shall come into force on 12 November
2019].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted
the President has proclaimed the following law:
On Technical Supervision of
Dangerous Equipment
Chapter I
General Provisions
Section 1. The following terms are used in this
Law:
1) dangerous equipment - equipment and complexes
thereof which as a result of inappropriate use and maintenance
may endanger human life and health, the environment and material
values and which during the use thereof are subject to the State
supervision and control laid down in this Law and the checks laid
down in laws and regulations;
2) possessor of dangerous equipment - a natural person
or legal person who or which is the owner or holder of dangerous
equipment;
3) staff servicing the dangerous equipment - trained
persons appointed by the possessor of dangerous equipment whose
actions affect the operation of dangerous equipment or the
technological process;
4) check of dangerous equipment - an action of an
inspection authority the main objective of which is to assess the
conformity of dangerous equipment during the use thereof with the
particular requirements laid down in laws and regulations and
technical laws and regulations or - on the basis of a
professional opinion - with the main safety requirements laid
down in laws and regulations.
[23 September 2004; 19 June 2008]
Section 2. The purpose of the Law is to achieve safe
use and maintenance of dangerous equipment that does not cause
harm to human life, health and property, as well as the
environment, to lay down legal and organisational basis for the
assembly, repair, technical maintenance, modernisation and checks
of dangerous equipment, as well as to determine the functions of
State supervision and control authorities in the field of
technical supervision of dangerous equipment.
Section 3. (1) The requirements of this Law shall apply
to dangerous equipment, the possessors and service staff thereof
and persons who use dangerous equipment or perform the assembly,
repair, technical maintenance, modernisation and checks of such
equipment, as well as State authorities which perform supervision
and control in the field.
(2) The list of dangerous equipment and the requirements to be
conformed to in organising and performing work with dangerous
equipment, as well as the procedures for technical supervision of
dangerous equipment shall be determined by the Cabinet.
(3) The requirements of this Law shall not apply to dangerous
equipment which:
1) has been installed for use in water, air or railway
vehicles and the safety of use of which is determined by
international agreements binding on the Republic of Latvia;
2) may cause leakage of radioactive substances as a result of
an accident;
3) are used for military purposes.
(4) The procedures for investigating accidents involving
dangerous equipment shall be determined by the Cabinet.
[16 March 2000; 23 September 2004; 3 November 2005; 19 June
2008]
Section 4. [10 October 2019]
Chapter II
General Principles for Organising Technical Supervision of
Dangerous Equipment
Section 5. Registration, control, supervision and check
of dangerous equipment shall be performed in accordance with the
procedures laid down in this Law and other laws and
regulations.
Section 6. Supervision and control of dangerous
equipment shall be performed, as well as conformity with the
requirements of the laws and regulations of technical supervision
shall be supervised by the Consumer Rights Protection Centre in
accordance with this Law, the by-laws of the Consumer Rights
Protection Centre and other laws and regulations and by other
authorities in accordance with the procedures stipulated by the
Cabinet.
[19 June 2008; 12 June 2009]
Section 7. The checks of the dangerous equipment shall
be performed by the inspection authorities which have the status
of a legal person and have been accredited by the national
accreditation authority in accordance with the procedures laid
down in laws and regulations.
[10 October 2019]
Chapter III
General Requirements for Dangerous Equipment
Section 8. (1) Dangerous equipment:
1) must conform to the requirements laid down in laws and
regulations and must be provided with documents certifying
conformity;
2) must be registered with the register of dangerous equipment
maintained by the Consumer Rights Protection Centre in accordance
with the procedures stipulated by the Cabinet;
3) must be provided with documents for use and warning
inscriptions in Latvian;
4) must be checked in the amount and within the time periods
provided for in laws and regulations;
5) must be provided with a check mark issued by the inspection
authority, to be placed on the dangerous equipment or, if not
possible, to be stored in the technical passport of the equipment
certifying that the relevant equipment has passed check according
to specific procedures.
(2) Sample check mark shall be approved by the Cabinet.
[23 September 2004; 3 November 2005; 19 June 2008; 12 June
2009]
Chapter IV
General Procedures for Check of Dangerous Equipment
Section 9. The periodicity and amount of checks of
dangerous equipment shall be determined in accordance with laws
and regulations.
Section 10. Payment for check of dangerous equipment
shall be determined in a contract entered into by and between the
inspection authority and the possessor of dangerous equipment, on
the basis of a mutual agreement.
Section 11. Information regarding check of dangerous
equipment shall be recorded in the register of the dangerous
equipment, the results of the check - in a protocol, and one copy
of the protocol of the check shall be handed over to the
possessor of dangerous equipment within three working days after
completion of the check.
[23 September 2004; 10 October 2019]
Section 12. If during check of dangerous equipment it
is found that the relevant dangerous equipment endangers human
life and health, the environment and material values, the
possessor of the dangerous equipment shall be warned thereof
without delay and the Consumer Rights Protection Centre shall be
notified, as well as the State Environmental Inspection if the
environment is endangered. One copy of the protocol of the check
shall be sent to the Consumer Rights Protection Centre within one
day and, if the environment is endangered - to the State
Environmental Inspection.
[19 June 2008; 12 June 2009]
Section 13. The inspection authorities have the
obligation to register dangerous equipment in the Register of
Dangerous Equipment and to update data on the performed checks of
dangerous equipment.
[19 June 2008]
Chapter V
Responsibilities and Rights of a Possessor of Dangerous
Equipment
Section 14. A possessor of dangerous equipment has a
obligation:
1) [19 June 2008];
2) to maintain dangerous equipment in accordance with the
requirements of laws and regulations;
3) to ensure that the staff servicing dangerous equipment
receives the training and instruction provided for in the laws
and regulations regarding labour protection, taking into account
the type of dangerous equipment, the level of complexity and
dangerousness thereof, as well as education and previous work
experience of employees;
4) to ensure performance of checks of dangerous equipment
provided for in laws and regulations;
5) to discontinue operation of dangerous equipment if it is
found that it endangers human life and health, the environment
and material values;
6) to notify the Consumer Rights Protection Centre and, if the
environment is endangered - also the State Environmental
Inspection of accidents of dangerous equipment, as well as to
provide the documents and explanations necessary for
investigating accidents upon request of the abovementioned
authorities.
[23 September 2004; 19 June 2008; 12 June 2009]
Section 15. A possessor of dangerous equipment has the
right:
1) to participate in drafting of laws and regulations with the
intermediation of public organisations of employers;
2) to inform the Consumer Rights Protection Centre and the
accreditation authority of cases when activities of inspection
authorities do not conform to the requirements of laws and
regulations and to request that such authorities reimburse the
losses caused as a result of their activities in accordance with
the procedures laid down by law;
3) to select an inspection authority with which to conclude a
contract on the performance of checks of dangerous equipment;
4) to perform technical maintenance and repair of dangerous
equipment in its possession, if laws and regulations do not
provide special procedures for the maintenance and repair of such
equipment.
[19 June 2008; 12 June 2009]
Section 16. If dangerous equipment is handed over into
possession of another person, the responsibilities and rights of
the possessor of dangerous equipment referred to in Paragraphs 14
and 15 of this Law shall be transferred to the new possessor from
the moment of actual handing over.
Chapter VI
General Procedures for Training and Certifying the Persons
Performing Work Involving Dangerous Equipment
[23 September 2004]
Chapter VII
Administrative Offences in the Field of Technical Supervision of
Dangerous Equipment and Competence in Administrative Offence
Proceedings
[10 October 2019 / The new
wording of the Chapter shall come into force on 1 July 2020. See
Paragraph 3 of Transitional Provisions]
Section 19. (1) For the violation of the laws and
regulations governing technical supervision of dangerous
equipment, a warning or a fine from five to seventy units of fine
shall be imposed on a natural person, but a fine from twenty to
one hundred and forty units of fine on a legal person.
(2) For the use of non-registered dangerous equipment, a fine
from five to one hundred and forty units of fine shall be imposed
on the possessor of dangerous equipment who is a natural person,
but a fine from twenty to two hundred and eighty units of fine to
a possessor who is a legal person.
(3) For the violation of the laws and regulations governing
technical supervision of dangerous equipment which poses a direct
threat to the safety an health of persons, a fine from five to
one hundred and forty units of fine shall be imposed on the
possessor of dangerous equipment who is a natural person, but a
fine from twenty to two hundred and eighty units of fine to a
possessor who is a legal person.
(4) For the failure to report to the authorities specified in
laws and regulations when an accident of the dangerous equipment
has occurred, a fine from five to one hundred and forty units of
fine shall be imposed on the possessor of dangerous equipment who
is a natural person, but a fine from fifty-six to two hundred and
eighty units of fine to a possessor who is a legal person.
[10 October 2019 / The new wording of the Section shall
come into force on 1 July 2020. See Paragraph 3 of Transitional
Provisions]
Section 20. The administrative offence proceedings for
the offences referred to in Sections 19 of this Law shall be
conducted by the Consumer Rights Protection Centre.
[10 October 2019 / The new wording of the Section shall
come into force on 1 July 2020. See Paragraph 3 of Transitional
Provisions]
Transitional Provisions
1. Licences which have been issued for the design, making,
assembly, repair, technical maintenance and modernisation of
dangerous equipment shall be valid until 1 January 1999.
2. With the coming into force of this Law, the law On
Technical Supervision of Dangerous Equipment (Latvijas
Republikas Saeimas un Ministru Kabineta Ziņotājs, 1995, No.
8) is repealed.
3. The new wording of Chapter VII of this Law which lays down
the administrative offences in the field of technical supervision
of dangerous equipment and competence in administrative offence
proceedings shall come into force concurrently with the Law on
Administrative Liability.
[10 October 2019]
This Law has been adopted by the Saeima on 24 September
1998.
President G. Ulmanis
Rīga, 13 October 1998
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)