Road Traffic Act 1968

Inspection and examination of vehicles.

12

12.— (1) ( a) Whenever an authorised officer of the Minister observes a mechanically propelled vehicle or a combination of vehicles in a public place he may inspect and examine the vehicle or combination and, for the purpose of carrying out the inspection and examination, may, subject to regulations under this section, do all such things and make all such requirements in relation to the vehicle or combination as are reasonably necessary.

( b) A person who contravenes a requirement of an authorised officer of the Minister under this subsection or who obstructs such an authorised officer in the performance of his functions under this subsection shall be guilty of an offence.

(2) ( a) Whenever the Minister has reasonable grounds for believing that a mechanically propelled vehicle or a combination of vehicles has been used in a public place, he may require the owner of the vehicle or combination to submit it for examination by a person authorised by the Minister at a time and place and in a condition of loading specified by the Minister.

( b) A person who contravenes a requirement under paragraph ( a) or who obstructs an authorised person in the performance of his functions under this subsection shall be guilty of an offence.

(3) The Minister may make regulations for the purpose of giving effect to this section.

(4) Regulations under this section may, in particular and without prejudice to the generality of subsection (3), provide for all or any of the following matters:

( a) the circumstances in which inspections and examinations may be carried out;

( b) the nature of inspections and examinations;

( c) the manner in which, the conditions under which and the apparatus with which inspections and examinations may be carried out;

( d) the requirements which may be made of persons in charge of vehicles or combinations of vehicles for the purpose of carrying out inspections and examinations;

( e) the authorising of officers of the Minister to be authorised officers for the purposes of this section;

( f) the authorising of persons (whether officers of the Minister or not) to be authorised persons for the purposes of this section;

( g) the delegation by the Minister to specified persons of his powers under subsection (2) (a);

( h) the keeping of records and the furnishing of reports by authorised persons.

(5) Regulations under this section may make different provisions for different classes of vehicles and different circumstances.

(6) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence and, in such cases involving a vehicle as may be prescribed and where that person is not the owner thereof, the owner shall also be guilty of an offence.

(7) In this section “ examination” includes test.

Annotations:

Modifications (not altering text):

C14

Application of section affected (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(1), commenced on enactment, as amended (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(c), S.I. No. 491 of 2002 and as further amended (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(b) and table part 3 ref. no. 1, S.I. No. 86 of 2007.

Increase of certain penalties under Act of 1968, etc.

4.—(1) A person who is guilty of an offence under section 11 or 12 of the Act of 1968 shall be liable on summary conviction to a fine not exceeding [€2000 ] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

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