Under the EC F gas Regulation, in relation to mobile air-conditioning only Article 4 obligations apply, namely that F gases should be recovered where economically and technically feasible and that personnel undertaking such work hold an appropriate qualification.
So a company taking delivery of R134a for use in a mobile air-conditioning system should ensure that if refrigerant is recovered from the system this is undertaken by suitably qualified personnel.
If, for example, R134a was purchased solely to top up a MAC system then the person taking delivery and doing the work would not be required to hold a qualification. However if doing recovery work as part of servicing and maintenance, then a qualification is required.
So it is not illegal for a non qualified person to top up a MAC system, however, it is not advisable to simply top up a system without leak checks being undertaken first, topping up will not cure a problem just postpone it. Also, under new Department for Transport Regulations that enforce the MAC Directive, it would be illegal to top up a system where abnormal leakage has occurred. So, a non qualified person can legally top up a system in the first instance, however if, for example, all of the refrigerant leaked out again within a few days, this would indicate abnormal leakage and to top it up again without the leak being investigated and repaired, would constitute an offence.
Further information on ‘abnormal leakage’
New DfT regulations came into force on 7th September 2009 (SI 2194/2009 & SI 2196/2009) and address the requirements of the MAC Directive (please see attached). In relation to abnormal leakage there are a number of conditions that should be met at Regulation 3, reproduced below:
3.
(1) No service provider may fill an air conditioning system with fluorinated greenhouse gases where—
(a) an abnormal amount of refrigerant has leaked from that system, and
(b) the necessary repair to the system has not been completed.
(2) In determining whether the amount of refrigerant that has leaked from an air conditioning system is abnormal, regard must be had, in particular, to—
(a) whether a reasonably competent service provider would consider the leak to be abnormal;
(b) any information provided by the manufacturer to the user of the vehicle, in particular information contained in the owner’s manual; and
(c) any requirements as to the design, construction and equipment which were applicable to the vehicle for the purpose of permitting its registration, sale or entry into service as a new vehicle.
Our understanding of the wording ‘fill an air conditioning system’ is that this relates to recharging for normal use without intention to repair a suspected leak.
