Who can demand your documents?
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Drivers and operators are often unsure about what documents they have to produce when requested and who has the right to see documents.
The Transport Act 1968 gives a right to "an officer" to require production of various documents to him.
An officer means:
J A traffic examiner in the Vehicle Inspectorate; CI A person authorised by the Traffic Commissioner,. U A Police Officer.
A police officer in uniform is not required to produce any written authority. Any other officer, however, is required to produce his authority if asked.
What records can the officer require to be produced?
A driver can only be required to produce the tachograph discs for the day of the request, all the discs For that current week and the last disc of the previous week (these are the records which a driver is required to keep with him at all times). The owner of any goods vehicle must produce, if required, the tachograph charts For that vehicle for a period of up to 12 months prior to the date of the request. But an officer may also require production of "any book, register or document required by the applicable Community rules or which the officer may reasonably require to inspect for the purposes of ascertaining whether the requirements of the applicable Community rules have been complied with".
That last sentence gives very wide powers to an officer to require production of and to inspect documents other than tacho charts. This would include, for example, internal daily or weekly worksheets, timed delivery notes, internal files containing faxes and, generally instructions to drivers. It would even include a timed weighbridge ticket. The only qualification on the officer's right is that he must "reasonably" require those documents.
It is quite common that such a request to the owner of a vehicle will follow a tachograph check of a driver which has disclosed some offence.
Any officer who has discovered an offence by a driver would be considered reasonable in requesting such background documentation for the purpose of determining whether other offences have been committed. That would particularly be the case if there has been a detailed inspection of tachographs and the officer requires additional documentation as a result of matters revealed in that investigation.
The officer has a similar right to request such documents from the driver of the vehicle.
Finally, any officer, including a police officer; can require not only the record sheets but all books, registers or documents to be delivered to the Traffic Commissioner within such a period as specified in the notice which shall not be less than 10 days From the demand being made.