Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

25.

Powers of authorised officers — CVR testing.

25.— (1) Subject to section 26, for the purposes of this Part an authorised officer may at any reasonable time enter any CVR testing centre and any other premises which he or she believes on reasonable grounds is used or has been used for CVR tests and may—

(a) inspect the CVR testing centre and premises,

(b) inspect any testing facilities and equipment in the CVR testing centre or on the premises,

(c) enter and inspect any CVR vehicle,

(d) observe and supervise CVR tests in order to ascertain whether or not CVR tests are being carried out in accordance with this Part (including any regulations made under this Part and any directions or guidelines),

(e) inspect any books, documents or records relating to the maintenance and CVR testing of vehicles or the general testing of vehicles and to the rectification of defects identified in vehicles during the course of a test,

(f) require any person in charge of the CVR testing centre or premises to produce to him or her any books, documents or records relating to the testing of vehicles which are in the person’s power or control (and in the case of such information in a non-legible form to reproduce it in a legible form) and to give to him or her such information as he or she may reasonably require in relation to any entries in such books, documents or records,

(g) inspect and take extracts from or make copies of any books, documents or records referred to in paragraph (f) (including in the case of information in a non-legible form a copy of or extract from such information in a legible form),

(h) remove and retain such books, documents or records for such period as may be reasonable for further examination,

(i) require any person in charge of the CVR testing centre or premises to give him or her any data or information with regard to the testing of vehicles which he or she may reasonably require, and

(j) require any person in charge of the CVR testing centre or premises to maintain such books, documents or records as he or she directs for such period of time as may be reasonable.

(2) In this section “CVR testing centre” includes premises proposed to be used as a CVR testing centre by a person who has made an application to be authorised as a CVR test operator.

(3) Where an authorised officer in exercise of his or her powers under this section is prevented from entering a CVR testing centre or other premises he or she may make an application under section 26 for a warrant to authorise such entry.

(4) A person who—

(a) without reasonable excuse fails or refuses to comply with any request or requirement made by an authorised officer under subsection (1),

(b) obstructs, impedes, interferes with or assaults an authorised officer exercising a power under subsection (1),

(c) gives to an authorised officer information which he or she knows to be false or misleading in a material respect, or

(d) alters, suppresses, or destroys any statements, certificates, books, documents, data or records, which the person concerned has been required to produce, or reasonably expected to be required to produce,

commits an offence.

(5) Where an authorised officer having exercised a power under this section forms the opinion that a CVR test operator is not carrying out CVR tests in accordance with a requirement of his or her authorisation or this Part (including any regulations made under this Part or any directions or guidelines), he or she F12[, or another authorised officer acting on his or her behalf] may serve on the CVR test operator one or more directions—

(a) specifying the requirement that is not being complied with,

(b) requiring the CVR test operator F12[or CVR tester] to comply with the requirement by a specified date, and

(c) specifying the measures which are necessary to achieve compliance with the requirement.

(6) A person who—

(a) fails or refuses to comply with, or

(b) directs or induces another person to contravene,

a direction of an authorised officer under subsection (5) commits an offence.

(7) A person guilty of an offence under this section is liable on summary conviction to a class A fine.

Annotations

Amendments:

F12

Inserted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 24(e), S.I. No. 147 of 2014.

Editorial Notes:

E56

A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.