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Enforcers promised cab search powers

7th August 1997, Page 4
7th August 1997
Page 4
Page 4, 7th August 1997 — Enforcers promised cab search powers
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by Rob Willock • Hauliers will no longer be able to rely on a legal loophole in transport law to escape drivers' hours charges, when the Government finally clarifies the legislation regarding cab searches.

Transport Minister Glenda Jackson says she wants to end the confusion surrounding who is legally authorised to enter and inspect vehicles.

One Government source admits that successful legal defences have been built out of the grey area of vehicle searches. "It's clear that Section 99 of the 1968 Transport Act gives police officers or traffic examiners the power to inspect tachographs," says solicitor Andrew Woolfall of law firm Jonathan Lawton. "But a footnote says it is not in force regarding entering a vehicle. Under European legislation officers can demand to see the current tacho but cannot force the driver to produce any others from within the vehicle, though this often happens by bullying and intimidation."

A DOT spokesman confirms that the relevant section of the 1968 Transport Act has not been enacted in total, and that two subsequent amendments, in 1970 and 1979, have failed to clarity the situation. "We want rapid clarification and will amend the regulations," he says. "It shouldn't take too long; it doesn't have to go through the House, and can be done in the recess."

• Although the 1968 Transport Act was designed to allow officers to enter a vehicle to inspect it, and any tachographs or record sheets inside it, this provision was never properly enacted. Police and examiners Frequently take possession of tachographs from inside vehicles, but their right to do so is often questioned in court. Amendments to the act should end this loophole.

• Truck operators could face fines of £20,000 under a new DVLA wheelclamping campaign aimed at road tax dodgers. From 18 August untaxed lorries in London will be clamped and impounded by wheelclamping contractors. The scheme will cover the entire country within the next 12 months. Offenders will have to pay £68 to have the clamp removed; a valid tax disc will be needed to recover the vehicle. Failing this a £500 surety will have to be paid or the vehicle will be impounded. Vehicles which are not reclaimed will be crushed. Owners of unlicensed vehicles face a maximum fine of £20,000 in addition to the back tax.

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Locations: London

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