Road Transport Act 2011
16.— (1) The Road Safety Authority may appoint any of its officers, or such officers of the Minister seconded to service with that Authority, to be transport officers for the purposes of this section.
(2) Transport officers appointed under section 15 (inserted by section 117 of the Dublin Transport Authority Act 2008) of the Road Transport Act 1986 whether before or after the passing of this Act shall be deemed to be transport officers for the purposes of this section from the date of the passing of this Act or the date of appointment whichever last occurs.
(3) A transport officer shall for the purposes of this Act, the EU Regulations and any regulations made by the Minister under the European Communities Act 1972 relating to the occupation of road transport operator, have the power to do all or any of the following things:
(a) subject to subsection (6), at any time enter a premises or place if he or she has reasonable grounds for believing that it is used for a purpose connected with road transport, including the engagement or use by a person in the premises or place of the services of an undertaking for the carriage by road for reward of goods or persons in a vehicle (in this section referred to as “road transport operations”) or that a vehicle used for that purpose is at the premises or in the place and inspect the vehicle and any licensing document, records, books or recording equipment kept or used in that vehicle, premises or place, as the case may be, for the purposes of road transport operations or business;
(b) at any time inspect a vehicle which is stationary and inspect any licensing document, records, books, goods or recording equipment being carried in or on the vehicle or by the driver of the vehicle or used for the purposes of road transport operations or business;
(c) require any person at the premises or in the place or in the vehicle to produce to him or her any licensing document, book or record kept or used for the purposes of road transport operations or business which is in the power or control of that person;
(d) inspect, examine and take copies of, or extracts from, or take away if necessary for the purposes of inspection or examination, any licensing document, book or record kept or used for the purposes of road transport operations or business and require the person by whom such document, book or record is kept or who produced the document, book or record to certify a copy of it as a true copy.
(4) For the purpose of exercising his or her powers under this section, a transport officer may stop and detain a vehicle during such time as is required for the exercise of those powers.
(5) A person who obstructs or interferes with a transport officer when he or she is exercising a power conferred on him or her by this section or who fails to comply with a request or requirement of a transport officer under this section commits an offence and is liable on summary conviction to a class A fine.
(6) A transport officer shall not, other than with the consent of the occupier, enter such part of a premises used as a private dwelling unless he or she has obtained a warrant from the District Court under section 17 authorising such entry.
(7) Where a transport officer in exercise of his or her powers under this section is prevented from entering any premises or place an application may be made under section 17 for a warrant authorising such entry.
Modifications (not altering text):
Application of section extended (22.12.2020) by European Union (Interbus Agreement) Regulations 2020 (S.I. No. 694 of 2020), reg. 5(3)(b).
(b) Sections 16 and 17 of the Act of 2011 shall apply to a transport officer within the meaning of the Act of 2011 designated to be an authorised inspection officer under Regulation 4(c) as they apply to a transport officer appointed under section 16 of the Act of 2011 subject to the following and any other necessary modifications:
(i) a reference to a transport officer in sections 16 and 17 of the Act of 2011 shall be construed as a reference to an authorised inspecting officer;
(ii) a reference to a road transport operator shall be construed as a reference to a transport operator.
A class A fine means a fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.