Safety Issues of Mechanical Parking Systems in the Light of Directive 98/37/EC

Abstract

This paper reports some interesting implications of the European Union’s (EU) Directive 98/37/EC, concerning safety of machinery, that derive form identifying the reasonably expected used of machinery. Such aspects emerged during a forensic study that was carried out after a fatal accident occurred by means of a device name a “mechanical parking system.” Although the machine is subjected to the cited directive, it is not regulated by a specific standard. After a brief description of the accident course, the circumstances that made it possible are carefully analyzed in order to verify a possible unpremeditated omission of the necessary safety measures. Particular attention is given to the characterization of the normal use and of the reasonably expected uses of the machinery: such issues are widely analyzed and discussed. The paper concludes that the institution of a prohibition for a specific type of usage is not sufficient to exclude that type as a reasonably expected use.