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Cab search laws unambiguous

28th August 1997, Page 20
28th August 1997
Page 20
Page 21
Page 20, 28th August 1997 — Cab search laws unambiguous
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Which of the following most accurately describes the problem?

We refer to the article "Enforcers Promised Cab Search Powers" (CM 713 August). It suggested that legislation governing police, and Traffic Examiners' powers to enter the cab of a vehicle for the purpose of examining the tachograph and any tachographs found, was "a grey area".

Could we suggest that there is no grey area whatsoever? When the Transport Act 1968 was initially drawn up, tachographs were not used in the LIK. Nevertheless, their advantages had been anticipated and legislation was drafted around their future introduction.

The (original) Section 97 of Part VI of the Act provided powers in advance for tachograph use by means of a statutory instrument.

The (original) Section 99(2)(a) was drafted in rela tion to the anticipated introduction of tachographs at a future date to provide powers for police and Traffic Examiners to enter the cabs of vehicles and examine tachographs and read and copy records.

In 1972 the UK signed the Treaty of Rome and joined the Common Market. As a result, the original Sections 97 and 99(2)(a) were revoked on 14 January 1980 without ever coming into force. But they were replaced by revised sections that accommodated Common Market wording, specifications and regulations.

It is these laws that are curmilly in force.

I loweven Part VI of the Act has had so many amendments, many of them amending amendments, that it is now the equivalent of the proverbial patchwork quilt. There is no Queen's Printers copy of the Act in consolidated form. Perhaps the Department of Transport could produce, as a matter of urgency, a consolidated version of Part VI of the Act, together with all current amendments.

Tony Brown and Nigel Kirkwood

Tachograph Analysis Consultants, Liverpool


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