Pressure Equipment Directive

[nim]

Does the customer commit a criminal offence under the Pressure Equipment Directive if they have a CO2 extinguisher which is over 10 years since its manufactured stamped date or had an overhaul?

Is the offence committed on the first day after the expiry?
If a CO2 extinguisher is manufactured 2011/10  is it  OK 30.9.2021 and out of date 1.10.2021 or  is it out of date 1.11.2021 i.e. is it due for an overhaul before it reaches October or is it still OK for all of October?

Is the correct advice:
 
that Engineers should make a recommendation to overhaul the extinguisher the service before the expiry date otherwise the customer risks being prosecuted in between the annual service?
Or
Advise the customer that the overhaul should be carried out before the expiry date
Is it right that the extinguisher should be marked Basic Service on the date of the service unless it is due for an overhaul or it has a defect.

[AnthonyB]

Realistically pro-active prosecution is extremely unlikely and reactive enforcement after an incident more likely, however technically there is a breach of the Pressure Systems Safety Regulations 2000 if a pressure vessel (which includes CO2 extinguishers) is in service past the date of it's next due written scheme examination or pressure test.

Technically if the stamped date would pass before the next service visit then this would need highlighting as the extinguisher would need an extra visit for when it's due or replacing early - but in practice most people will let it go until the stamped year itself, even if slightly over month.