Prospective
7(1)If the condition in sub-paragraph (2) is satisfied, a person authorised by the Secretary of State (an “inspector”) may inspect a regulated rail vehicle for conformity with provisions of the accessibility regulations with which it is required to conform.
(2)The condition is that the Secretary of State—
(a)has reasonable grounds for suspecting that the vehicle does not conform with such provisions, or
(b)has given a notice under paragraph 5(1) or (4) relating to the vehicle.
(3)For the purpose of exercising the power under sub-paragraph (1) an inspector may—
(a)enter premises if the inspector has reasonable grounds for suspecting that the vehicle is at the premises;
(b)enter the vehicle;
(c)require any person to afford such facilities and assistance with respect to matters under the person's control as are necessary to enable the inspector to exercise the power.
(4)An inspector must, if required to do so, produce evidence of the Secretary of State's authorisation.
(5)For the purposes of paragraph 5(1) the Secretary of State may draw such inferences as appear proper from any obstruction of the exercise of the power under sub-paragraph (1).
(6)Sub-paragraphs (7) and (8) apply if the power under sub-paragraph (1) is exercisable by virtue of sub-paragraph (2)(b).
(7)The Secretary of State may treat paragraph 5(3)(c) as satisfied in relation to a vehicle if—
(a)the inspector takes steps to exercise the power after a notice is given under paragraph 5(1) but before a notice is given under paragraph 5(4), and
(b)a person obstructs the exercise of the power.
(8)The Secretary of State may require the operator of a vehicle to pay a penalty if—
(a)the operator, or a person acting on the operator's behalf, intentionally obstructs the exercise of the power, and
(b)the obstruction occurs after a notice has been given under paragraph 5(4) in respect of the vehicle.
(9)In this paragraph “inspect” includes test.