14.01.2013

Guidance note for telehandlers

The Telescopic Handler Association of Australia (TSHA), has published a guidance note on purchasing, selling or using a non-compliant ‘grey import’ telescopic handler and warned of the risks of such machines. The full text of the guidance note is published below.

TSHA executive director, Phil Newby said: “Telescopic handlers sold into Australia must be compliant in terms of WH&S (OH&S) in meeting the required standards and regulations. Manufacturers and suppliers in Australia work hard to ensure their telehandlers achieve on-going compliance and that safety is not compromised.”

“With online sales there is more risk than ever of buying a second hand imported telehandler that despite the advertising, does not comply with the required standard of manufacture and safety. These are often referred to as ‘grey’ or ‘parallel’ imports and if you succumb to the purchase of one of these units, you may well put yourself, your company, your customer and the operator at risk from accident.”

“In Australia Grey Imports are second-hand units imported from overseas and allegedly deemed ‘compliant’ by the importer for Australian registration. These Grey Imports receive no official or legal support from the manufacturer’s dealer network in Australia but are often passed off as an Australian compliant telehandler."

“The term ‘parallel import’ may also be used.”

“A Parallel Import is typically a brand new telehandler imported from overseas without the direct involvement of the Australian endorsed manufacturer. As with Grey Imports these units are passed off as compliant to Australian regulations.”

To avoid confusion and possible non-compliance, the TSHA advises there are certain checks buyers must do before considering buying, using or owning a ‘Grey Import’ TSH.

These checks include:

1. Does the TSH meet with Australian safety and design requirements in particular AS1418.19 (Design & Manufacture) and AS2550.19 (Safe use & maintenance)? Has the telehandler design been verified as complaint?

2. Do the load charts reflect Australian conditions and the attachments that are fitted? Is it in English and Metric? Does the rating plate state 600mm load centre capacities or altered capacities for any attachments fitted? Is the telehandler supplied with an Australian Compliant Operator Manual?

3. Who imported the telehandler? If it was not imported by the authorised channels then you will not receive notification of factory upgrades and safety alerts. Contact the manufacturer and confirm the serial number is theirs and it is Australian Compliant.

4. Is a warranty supplied? Will the Australian authorised dealer support this warranty? Contact the manufacturer to confirm. Grey Imports are renowned for lack of warranty, lack of support and misleading claims of compliance.

5. Are spare parts available in Australia? Is their technical and maintenance support from qualified engineers and service engineers?

6. In the event of an accident who has liability for the design, construction, conformity and maintenance requirements for the telehandler? Under the Australian Consumer Law (ACL) a business must not supply particular kinds of goods unless they comply with any relevant safety standard in force for those kinds of goods. As the importer of an imported Grey or Parallel telehandler you will be deemed liable under the Australian Consumer Law as the manufacturer for warranty and product defect claims.

7. The resale value of a non-compliant telehandlers will be seriously reduced and liability for future issues not necessarily eliminated. If you advertise it and try to pass it off as compliant, you are breaching the Australian Consumer Law provisions of misleading or deceptive conduct towards consumers or businesses.

8. Is the telehandler in the condition it is advertised? Does the it have the correct documentation including maintenance records, compliance plates and more? WH&S regulations include major penalties and fines where no records exist.

The TSHA also advises if you do purchase or even use a non-compliant telehandler the following may apply:

1. Insurance coverage will not be valid. In the case of an accident the insurance companies will all claim exemption because the telehandler was not what you said it was.

2. If the telehandler is non-compliant but claims to be compliant you will fall foul of the OH&S Acts which will result in financial and legal proceedings.

3. State Regulations can issue a prohibition notice on your telehandler because you are the owner and you will not get any assistance from the importer or the overseas supplier.

4. There will be no technical support or access to the correct spare parts and maintenance services.

5. Your reputation and standing in the business community will be heavily damaged.

The TSHA has a Compliance Checklist available online for download and is free of charge. This is available at: www.tsha.com.au/member-services

“The checklist should be used before you part with your hard earned money. If the telehandler does not meet the checklist requirements do not proceed. Always contact the original manufacturer and check the serial number. If the manufacturer does not have representation in Australia you are probably going to get burnt” added Newby.

“Finally if the telehandler does pass the checklist, always inspect and test-drive the unit before talking price. Never buy one second hand sight unseen. No matter how genuine and cooperative the seller sounds.”

If you are still unsure, contact the TSHA on 02 9998 2222 or [email protected]