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know the law
Page 91
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by Les Oldridge, AMIRTE. MIMI
The Construction and Use Regulations (21)
PART IV of the C and U Regulations deals with the testing of brakes, steering gear, tyres, lighting equipment and reflectors by the police and Department of the Environment examiners. However, before examining this law in detail it may be as well to look at the powers of inspection of the police and DoE men in general.
Section 67 of the Road Traffic Act 1960 gives powers to police officers authorized by their chief officers and to Minister-appointed authorized examiners to test vehicles on roads to discover if the regulations concerning brakes, silencers, steering gear, tyres, lighting equipment, reflectors and the prevention or reduction of smoke, fumes or vapour are complied with. The constable must produce his authority if required. The driver can elect to have the test deferred to a time and place arranged but if an accident has occurred or the constable considers the vehicle is so defective that it ought not to be allowed to proceed, the officer can require the test to be carried out forthwith.
Most chief constables confine the power to test vehicles to selected officers, for example members of the traffic department or those with the necessary technical qualifications.
Section 183 of the Road Traffic Act gives powers to authorized vehicle examiners and certifying officers, but not police constables, to inspect goods vehicles for the purpose of seeing they are maintained in fit and serviceable condition and that the provisions of Part I of the Act and Part V of the Transport Act 1968 are complied with. They may detain the vehicle during the time it is required for inspection and at any reasonable time enter premises where they have reason to believe a goods vehicle is being kept. There is a maximum fine of £20 for obstructing a police officer or examiner under Section 67 and £50 for obstructing an examiner under Section 183.
It will be seen that Section 67 applies to all vehicles and that police officers as well as vehicle examiners have powers to test, Section 183 being confined to goods vehicles only and the power to inspect confined to the authorized examiners. The latter section is wider in its scope in that the inspection is to ascertain that the vehicle is in a fit and serviceable condition and not for the specific reasons outlined in Section 67.
Coming hack to Part IV of the C and U Regulations. this deals with the inspection of vehicles of any type on premises. Subject to the consent of the owner of the premises a PC or vehicle examiner may test and inspect the brakes, silencer, steering gear, tyres, lighting equipment and reflectors of any motor vehicle or trailer, provided the owner of the vehicle consents or notice of the date and time of the proposed examination has been given to him. This notice has to be served on the owner or left at his address 48 hours before the test or sent to him by registered post 72 hours before the test. The requirement to give this' notice does not apply in the case of an examination within 48 hours of an accident causing injury or damage.
Section 3 of the Road Traffic (Amendment) Act 1967 gives a further power of inspection. Police officers and vehicle examiners may, at any reasonable hour, enter premises where used motor vehicles or trailers are sold, supplied, or offered or kept for sale or supply in the cause of business and test and inspect any motor vehicle or trailer found there, in order to see that it is not being offered for sale in an unroadworthy condition. Anyone obstructing an examiner under this section is liable to a fine of £50.
Very wide powers
It will be seen that the powers of the police and the authorized examiners to test and inspect vehicles are very wide. There are very few circumstances where they cannot carry out examinations — in fact, I think one would be safe to say that, with goods vehicles, authorized examiners always have this power and this extends to their entering premises to conduct the examination.
The question is often asked whether a police officer or authorized examiner has the right to drive a vehicle to test it — Section 67 of the 1960 Act states that they have. For hgv I can find no exemption for police officers from the need for an hgv driver's licence for testing purposes so presumably they need one if they are going to drive this type of vehicle to test it. Incidentally, they may drive an hgv without an hgv driver's licence to remove it from a road where it is causing obstruction or danger.
Generally speaking, a police officer who suspects that a heavy commercial vehicle has a defect present which constitutes an offence will, in all but the most simple cases, call upon the services of an authorized examiner who is better qualified to make an examination. The same thing applies where it is alleged that an accident has been caused by the failure of some part of the vehicle; it is most likely that the vehicle examiner will carry out the investigation although the police have the legal right to do so if they wish.