Q I see from the "Know the Law" series
Page 75
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(CM April 4 1969) that police officers do not have powers to inspect commercial vehicles under Section 183 of the Road Traffic Act 1960.
I was prosecuted in February following an inspection of my vehicle by a police constable who found a spring hanger loose. As he did not call an MoT examiner to inspect the vehicle have I a right of appeal?
AA police officer has power under Section 67 if authorized by his chief officer to inspect all types of vehicles, including
commercial vehicles, for defects in connection with brakes, steering, tyres, lighting equipment and for emitting excessive smoke.
Whether a spring hanger forms part of the steering gear is debatable. If it is not part of the steering gear the officer has no power to inspect it. If, of course, you gave your permission for him to carry out the examination, or perhaps even if you did not object, he was quite at liberty to make the examination. If you withheld your permission for him to inspect the vehicle he would have undoubtedly called in a Ministry of Transport examiner and this would have entailed considerable delay. It seems that whichever course you took the result would have eventually been the same.
With reference to the question of appeal you are now out of time as generally appeals have to be lodged not more than 14 days from the first hearing.