NHmitch
Platinum Member
Gary,This is true and has been discussed here before about removing any additions of mods prior to selling. Even with a signed acknowledgement and release of liability from buyer, you could get sued by the family and likely get a stupid jury to agree to millions because you didnt explain in idiot terms that you cant pull a "Dukes of Hazzard" jump, land upside down on your tractor and live to drive off like the do in the movies. If McDonalds smart lawyers couldnt convince them that a customer should know that hot coffee is hot and deserves no compensation for getting burned with it between her legs, then I am sure any lawyer I could afford would loose big time. That is one reason I have put on an aftermarket ROPS on my Yanmar. It wasnt manufacturered with one and I wont sell it with one even though I had planned to make one myself when I bought it. Even having a store bought ROPS on your tractor and selling it to someone who then gets injured wont keep you from being sued and possible to loose the suit what with our laws and stupid jurors today and their "someone has to be at fault other than the ones involved" mentality. They're awarding millions for frivolous lawsuits and yet dont realize that some of the money they are giving away is theirs which the defendant will recoup if possible in raised fees and prices for their merchandise. Much of which we are already paying for as merchants have contingency money for lawyers and lawsuits built into their selling prices already.
HOWEVER: My point wasnt to make a point about escaping lawsuit but that lots of folks here on TBN are quiet capable of designing much better and stronger ROPS & FOPS than what they are selling on the market and to point out that just because it passed some tests, doesnt mean that it is better than a homebuilt at protecting you. I have said before, I would rather trust my design and welding on a life protection device than a $8 an hour small shop welder that 100 to 1 odds are that he hasnt tested his skills per AWS requirements and certainly not to ASME pressure piping requirements.
I am just a big advocate for certified ROPS. The fact of the matter is ROPS have to undergo very strict testing, just like auto crumple zones. You may be able to make one that will work fine, however, I would disagree that any second year engineering student could properly design one just as effective and I only say that because the engineers who work on these specialize in this area. There are non certified ROPS on the market, and they may be put together by someone making * dollars an hour, but to be certified, you have to meet very strict standards. They spend huge money to make sure that you are safe, and meet all standards of certification, and testing, and the ROPS/FOPS are a huge safety measure that are regulated by OSHA and ISO. They test the metal at different temperatures, that can effect the strength depending on the type of metal used. If you do not believe me, look into the number of deaths that occur each year from homemade ROPS. As an engineer, you may be very qualified, but why take the chance? I was just trying to convey to people who have no experience with this specific type of engineering,that it may be a bad idea to modify your ROPS. The bigger issue is that you will decertify your existing ROPS and if you have a life insurane policy, and you die, the comapny will try to find any loophole to get out of paying. I have seen this before with modifications to vehicle safety devices. Anyways, you have very good points Gary, and this is not meant to be against you, I just worry about people getting hurt from improperly modifying, or fabricating their safety features.
The method OSHA uses to determine if your ROPS is modified is:
Certification of the machine ROPS, FOPS, or TOPS is provided to customers after extensive design and testing has been completed. This certification process is designed to ensure maximum operator protection. The process requires manufacturers to meet various standards and regulations
for the following subjects:
Any modifications to these structures such as welding, cutting or addition of attachments, can
change the metallurgy or structural strength. Such changes can reduce the effectiveness of the
structures and must be avoided.
Depending upon the specific design, some modifications or repairs may be permitted upon
authorization from the manufacturer. The original designer must assess these or a suitably
qualified mechanical or structural engineer experienced in this class of work.
Examples of changes that may adversely affect the cab certification are:
Drilled holes in the ROPS, FOPS, TOPS, seat mounting or seat
Welding on the ROPS, FOPS, TOPS, seat mounting or seat
Mounting heavy objects using existing cab bosses
Use of untested (per the standards) cab mounts
Use of attachments that exceed the machine certification weight
Use of a seat or seat belt other than listed as standard or optional for the machine
Installing monitoring screens etc, that invades the operator safe zone or interfere with
visibility
Any dents or deformation of the ROPS, FOPS, or TOPS structure
Excessive rust of the ROPS, FOPS, or TOPS structure
Heat discoloration and/or grinding on the ROPS, FOPS, or TOPS structure
Note: Failure to receive advanced approval from the manufacturer for any or all of these items
may result in voided cab certification.
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