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Who is legally permitted to peruse drivers' log sheets, apart

29th November 1974
Page 45
Page 45, 29th November 1974 — Who is legally permitted to peruse drivers' log sheets, apart
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Which of the following most accurately describes the problem?

from the operator who signs them, the police, and Ministry inspectors?

It has come to my notice that a shop steward has been seen going through our log books in the trans port manager's office. in his absence, and presumably without his knowledge.

A Section 99 of the Transport Act 1968 lays down the requirements for the inspection of drivers' records and other documents. In this Section it is stated that an officer may, on production if so required of his authority, require any person to produce and permit him to inspect and copy any book or register which that person is required by Regulations under Section 68 of the Act to carry or have in his possession or any record book or register required to be preserved under Section 97 or 98 of the Act.

Sub-section (8) defines an officer as "a certifying officer appointed under Part III of the Act of 1960, a public service vehicle examiner, an examiner appointed under Part IV of that Act and any person authorized for the purposes of this section by the Traffic Commissioners or Licensing Authority for any area."

Sub-section (a) extends this power to a police constable. Note that even an authorized officer has to "require a person to produce and permit him to inspect and copy." He may not exercise his powers by simply entering a premises and inspect the records in the absence of staff.

Your shop steward has no legal authority even to ask to see them though he might seek permission as a matter of courtesy. It is a matter for the discretion of the company's principal as to whether such permission is granted.

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Organisations: Licensing Authority

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