Part IIConstruction and Use of Vehicles and Equipment

Maintenance and loading of goods vehicles

68Power to inspect goods vehicles to secure proper maintenance

1

For the purpose of securing that goods vehicles are maintained in a fit and serviceable condition and that, in relation to goods vehicles, the provisions of this Part of this Act (except section 74) and of Part V of the [1968 c. 73.] Transport Act 1968 are observed, the Secretary of State must appoint such examiners as he considers necessary.

2

In this Part of this Act “goods vehicle examiner” means an examiner appointed under subsection (1) above or a certifying officer appointed under the [1981 c. 14.] Public Passenger Vehicles Act 1981.

3

A goods vehicle examiner—

a

may at any time, on production if so required of his authority, enter and inspect any goods vehicle, and for that purpose detain the vehicle during such time as is required for the inspection, and

b

may at any time which is reasonable having regard to the circumstances of the case enter any premises on which he has reason to believe that a goods vehicle is kept.

4

A person who obstructs a goods vehicle examiner in the performance of his duty under subsection (3) above is guilty of an offence.

5

A goods vehicle examiner or a constable in uniform may at any time require any person in charge of a stationary goods vehicle on a road to proceed with the vehicle for the purpose of having it inspected under this section to any place where an inspection can be suitably carried out (not being more than five miles from the place where the requirement is made).

6

A person in charge of a goods vehicle who refuses or neglects to comply with a requirement made under subsection (5) above is guilty of an offence.