POLICE POWERS LIMITED
Page 34
If you've noticed an error in this article please click here to report it so we can fix it.
MANY drivers have the mistaken idea that the police
are all-powerful and can do almost anything they please. But nothing could be further from the truth: police powers are extremely limited. They can only arrest a person if the law gives them power so to do and, in many cases, they have no more power in this respect than the ordinary citizen.
In traffic cases, there are very few powers of arrest. A policeman may arrest any driver for dangerous or careless driving only if he witnesses the bad driving and the offender refuses his name and address or fails to produce his driving licence. The police also have the power of arrest in cases of driving, attempting to drive or being in charge of a motor vehicle while being unfit to drive through drink or drugs or on a positive roadside breath test or refusing to undergo such a test.
A constable in uniform may arrest, without warrant, anyone driving or attempting to drive a motor vehicle on a road whom he reasonably suspects of being disqualified from holding or obtaining a driving licence. This section covers not only those .persons disqualified by courts but also those disqualified on age grounds. A person who steals a vehicle or takes it without the consent of the owner may be arrested by the police.
Only the police have powers to require a driver to stop when signalled to do so. Section 159 of the Road Traffic Act 1972 makes it an offence, punishable with a maximum fine of £100, not to stop when driving a motor vehicle on a road and requested by a constable in uniform so to do.. A traffic warden, when actually engaged in regulating traffic, has the same powers as a policeman doing the same job. . _ The Road Traffic Act 1972 provides two separate and distinct powers of inspecting and testing vehicles on the road, one under Section 53 and the other under Section 56, and it is necessary to examine both sections to fully understand the law on this subject.
Under Section 53 any goods vehicle examiner, certifying officer, public service vehicle examiner or properly authorised police officer may test any motor vehicle on a road to ensure that the legal requirements concerning brakes, silencers, steering gear; the prevention or reduction of noise, smoke fumes or vapour; and lighting equipment and reflectors are compiled with. The examiner is authorised to drive the vehicle to test it, but only a policeman in uniform may stop a vehicle in order to inspect it.
Before a constable can act as a vehicle examiner, he must be authorised, in writing, by his chief officer and usually only policemen with some special knowledge of motor vehicles are given this power.
A driver stopped for a test may, if he so desires, elect for the test to be deferred. If he does this, he must stipulate a period of seven days within the next 30 days for the inspection and also disclose the place at which the vehicle may be found. Where an accident has occurred owing to the presence of the vehicle on a road; or where, in the opinion of the constable, the vehicle is so defective that it ought not to be allowed to continue its journey without the test being carried out, then he can insist that the test is conducted forthwith. If the examiner finds that the vehicle does not comply with the Construction and Use Regulations he may give the owner a written notice specifying the defects and requiring him to submit a certificate confirming that the defects have been remedied.
Inspections under Section 56 are the ones most likely to be familiar to readers of CM because they deal specifically with goods vehicles. Para (2) of this section reads:— A goods vehicle examiner.
(a) may at any time, on production, if so required, of his authority, enter and inspect any goods vehicle, and for that purpose detain the vehicle during such time as is required for the inspection; (b) may, at any time, which is reasonable, having regard to the circumstances of the case, enter any premises on which he has reason to believe that a goods vehicle is kept.
It will be seen that this power is given only to vehicle examiners and not to police officers. Under this section, there is no right to demand a deferment of the inspection.
Section 57 of the 1972 Act gives vehicle examiners the right to prohibit the driving of a goods vehicle on a road if they consider that the vehicle is so defective that it is or is likely to become unfit for service. If he does this, he must give a notice in writing to the person in charge of the vehicle at the time of the inspection specifying the defects which occasioned the prohibition. (Form GV 9).
The examiner can issue an immediate prohibition notice if he considers the vehicle is unfit
for service or a delayed or which will take effect from specified date, not later than 1 days from the date of tlinspection.
It is an offence — with maximum penalty of a £40 fine — to drive a vehicle, cause or permit it to be drive while a prohibition is in force.
Where a vehicle is examine at the roadside and an immi diate GV 9 is issued, it may necessary for the vehicle to Ic moved to a workshop for repai In this type of case, th examiner may issue a GV 9B he is satisfied that one or mor of the following conditions ar met:
(1) The vehicle is unladen; (2) It does not exceed th specified speed limit; (3) It does not tow a trailer;
(4) It is towed by a rigid to, bar;
(5) It is towed by a suspende tow; (6) It is not on the road aft€ lighting up time; (7) The vehicle proceeds fror the place of inspection t the nearest specified gari ge.
When the vehicle has bee repaired and is fit for service, may, despite the prohibition, b driven to a test station where it i to be re-inspected, provided a appointment has been made. may also be road tested withi three miles of where it is bein repaired.
When a vehicle is fit fc service and the owner wishes t have the prohibition removec he must notify the neare vehicle examiner or good vehicle testing station. If th vehicle, when presented, i found to be fit for service a forr GV10 is issued. If the examine is not satisfied that it is fit fo service, then a form GV9C i signed by the examiner an' given to the operator.
A goods vehicle examiner o a constable in uniform may, a any time, require anyone ii charge of a stationary good vehicle on a road to take thi vehicle to a place where al inspection can be suitabl) carried out, provided that thi place is not more than one mill from the place where tht requirement is made.